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7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

7 Reasons to Join Your HOA Board | SFPMA

A voluntary role, serving as a board member in your homeowners’ association (HOA) does involve work—but you’d be surprised by the great impact you can have on your community. While the board of directors ensures the community and amenities are well maintained and property values are protected, they also must ensure that the association keeps a healthy financial position and that applicable laws are properly followed. It can be a tough job, but with tremendous rewards. Here are seven reasons to join your HOA board.

 

1. You have a passion for the community.

People who serve on their association’s board of directors do so to make a difference and get involved in their community. You must be willing to volunteer without compensation and view this as an opportunity to serve your neighbors and enhance the community’s assets.

2. You value relationships.

As a board member, you must spend time nurturing relationships with your fellow neighbors. Doing this will personalize leadership, build trust, and show that boards do more than enforce rules and measure budget performance. Positively connecting with residents will significantly impact governance and make the community a better place to live.

3. You see a bright future.

The board is responsible for the direction of the community, but establishing a direction involves developing a plan. Beyond having a vision, board members must consider what needs to be accomplished in the next year or two, what projects need to be taken on, and what services need to be offered for the association to fulfill its legal obligation to members.

4. You’re ready for a long-term commitment.

Involvement in one or more of your association’s committees is usually a stepping stone to becoming a board member. While many committees typically have a shorter lifecycle, they’re a great way to learn how the association works. Most board members must commit to a one-year term, but may serve on the board for a longer amount of time if they’re reelected. Consult your community’s governing documents for additional details about term limits and election cycles.

5. You have a positive mindset.

Your time of service on the board can have its ups and downs, but it’s crucial you stay positive through it all. A team player, you can support your fellow board members and stand firm behind the decisions the board makes collectively. Homeowners often look to board members for guidance, so it’s essential to encourage positivity.

6. You feel inspired by the board.

A successful board of directors does more than hold meetings and enforce rules. An effective board is welcoming, encouraging, and transparent. Board members lead by example, and it’s their duty to promote the benefits of the association and foster an environment that people can see themselves in.

7. You enjoy seeing people fulfill goals and accomplishments.

One of the best ways that board members keep homeowners engaged in their community is by showing appreciation. Thanking your community association manager, fellow board members, committee members, and homeowners for their volunteer services and community efforts is something that should come naturally to a board member. Frequently recognizing and publicly acknowledging the efforts of community volunteers isn’t just the right thing to do, it also increases gratitude through the community.

Thanks to our Friends at Associa for this article.


Board Member Education

Find Board Member Educational Courses from our Members on SFPMA.  Check back often, as new courses are added every day.

While serving on the board doesn’t require any previous experience, there is a learning curve to the job. You’ll need to become educated on the governing documents of your association, the needs of your homeowners, and the financial standing of each project.

 

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Five tips for new HOA board members

Five tips for new HOA board members

  • Posted: Jan 16, 2020
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Five tips for new HOA board members, From our friends at Vesta Property Services.

Welcome to the board! Being a new HOA board member, you are going to be wearing many different hats and stepping into a few challenging roles to help make sure your HOA is running smoothly. Now that you’ve been elected, the big question is…What’s next?

For many newly elected board members it is their first time in the position, presenting a pretty steep learning curve. Lucky for you, Vesta has a few tips to get you more comfortable in your new position.

Just follow these board member basics and you’ll have all the tools you need to become the best board member you can be! 

1. Understand your role

While you volunteered for this position, you also should realize that it is not to be taken lightly. The board is responsible for the management of all aspects of the association. You are a key element in ensuring that your association continues to operate and that all of the residents are happy with the HOA they chose to live in. Vesta has an article on understanding the roles of the HOA board that you can read here.

The best way to quickly learn how your association achieves these goals is to read your association covenants, by-laws and other governing documents. Don’t be afraid to ask veteran board members about their responsibilities and the minutia of the job. Often experience is the best teacher, so talking to seasoned board members is a great way to figure out what to do and more importantly, what not to do.

 

2. Team up with a great property management company that you can trust

If your board works with a property management company that you trust to do right by your community, you can use them as a resource to help you ease into your new role! Working effectively with your management company is a great way to make sure you’re getting everything you can out of what they offer.

Having a close relationship with your HOA’s CAM will open doors for you and the rest of your board that will lead to efficient and effective methods of management. As a part of their services, your CAM should be providing you and your residents with clear communication in enforcing your association’s policies and assisting with your budget, financials and even managing your vendors!

3. Participate

If you want your board to be effective, all board members should be participating, both during and between meetings. Make sure you’re going to every meeting you can, volunteering for projects and taking an active role in the management of your community.

Everyone on the board should be doing whatever they can to make every meeting count. When a meeting is run poorly, more issues are created than solved. While making sure your meetings are productive can be a tall order, it can really be as simple as following procedure, reading the agenda, keeping accurate minutes and reviewing what was discussed at the end of the meeting.

You can find some tips about leading productive board meetings here.

4. Communicate

Many of your neighbors will probably agree that communication between the board and community is vital to the success of a community. Transparency is necessary if you want to maintain a positive relationship between your board and your neighbors. Make sure you keep your community informed about issues, ideas and changes that are going on in the community you both live in.

5. Take advantage of the Community Associations Institute 

In their own words, CAI is an international membership organization dedicated to building better communities. CAI serves community associations by providing guidance through seminars, workshops, conferences and education programs for community managers and other industry professionals.

CAI offers many educational services including online training and in-person workshops that you can attend. Many property management companies also host board certification classes that you can attend

Volunteering for your community is rewarding and challenging; it’s important to take some time now to learn about your role as a board member and how to best serve your association. Following these guidelines is a great way to ensure your transition is smooth and that you enjoy your time on the HOA board!

 

 

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Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
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Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

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Creating Quality Board Meeting Agendas and Minutes

Creating Quality Board Meeting Agendas and Minutes

  • Posted: Nov 29, 2019
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Creating Quality Board Meeting Agendas and Minutes

Board meeting agendas and meeting minutes are a key part of condominium associations’ official records. For unit owners not actively involved with the association, they are the primary way to follow along with the board’s activities. Given this, it is important that the board produce quality agendas and meeting minutes. Generally, these two documents should provide sufficient detail so that a unit owner with no previous knowledge of the property will understand what the board is considering and the reasoning behind board actions. Agendas and meeting minutes are also reviewed by the association’s CPA during audits, and are some of the primary documents the Department of Business and Professional Regulation (DBPR) examines to resolve complaints against associations. Lastly, new managers or board members use meeting minutes to obtain insight into past association issues. In sum, having detailed agendas and meeting minutes can prove invaluable.

There is significant confusion around how agendas and meeting minutes should be formatted, and what information they must contain. The Florida Statutes provide little guidance on these topics, leaving it to the boards and their managers to determine what is appropriate. Many standard formats (i.e., Robert’s Rules of Order) are used and often the community’s bylaws will provide guidelines. The board is obligated to follow any agenda, meeting minutes or board meeting format requirements outlined in their governing documents. That being said, if your documents indicate that Robert’s Rules should be followed, the board should review these Rules and make reasonable decisions about how to apply them to a casual condominium board meeting. For example, there is no need to stand to make a motion and no need for the president to recognize a board member before they speak despite what Robert’s Rules tells us.

 

Agendas

Florida Statute 718.112(2)(c) provides the following agenda requirements:

  • All regular board meeting agendas must be posted visibly on the condominium property at least 48 hours in advance of a meeting. NOTE: Members’ meetings (e.g., annual meeting), budget meetings and certain other meetings require additional advanced notice.
  • If there is no condominium property available where notices may be posted, the board must mail or email (if electronic consent form has been received) the agenda to all unit owners 14 days in advance of the meeting.
  • The board must adopt an official location for posting agendas on property.
  • Any item that will be discussed by the board at a meeting must be listed on the agenda.
  • If 20% or more of a community’s members petition to have an item on the agenda, the board must add this item to an agenda within 60 days of receipt of the petition.
  • Board meetings held in the event of an emergency may be held without a previously posted agenda.
  • Items not listed on an agenda may be taken up at a meeting on an emergency basis by a vote of a majority plus one of the board members.

NOTE: The DBPR has reprimanded associations for holding “emergency” meetings and discussing “emergency” items that are not true emergencies. If the board can wait 48 hours for proper notice to be posted before discussing the item, then the board should do so.

The above Florida Statute requirements do not provide any guidance on how a meeting agenda should be structured. This is up to the board to decide.  I recommend that an agenda format be approved by the board and used consistently. To better inform the unit owners, I also recommend that the agenda include a brief sentence on the purpose of each agenda item. For example, an agenda may list “Landscaping” as one of the items but to a unit owner that may mean very little. An agenda item like this is much more informative: “Landscaping: the board is considering proposals to replace all plants surrounding the front fountain”. Most management companies have their own agenda formats but the board can certainly request changes to that format.

Below, I have listed the primary sections of a board meeting agenda with some guidance on each item. They are listed below in the order which I would recommend they be listed on the agenda and addressed at the meeting.

 

1.     Meeting Date, Time and Location:  This information must be included on every posted agenda.

2.     Call to Order, Proof of Quorum, Proof of Notice & Roll Call: This item should be the first item at every meeting and is primarily a formality. The president will call the meeting to order, specify the time, and confirm that the agenda was properly posted at least 48 hours in advance of the meeting. The board members present should state their names and positions to confirm a quorum has been obtained.

3.     Special Speakers or Guests: Sometimes boards will request special guests attend a meeting. For example, the association may request that its insurance broker come to a meeting to discuss insurance policy renewal. I generally recommend listing any agenda items relating to guests at the top of the agenda so that the guest may conduct their business and then leave without having to sit through a long meeting.

4.     Prior Meeting’s Minutes: Minutes from the previous board meeting should be reviewed and approved by the board. If your community follows Robert’s Rules, they are required to be read aloud. To avoid this, the board should receive and make changes to draft minutes in advance of the meeting. If done this way, they do not need to be read aloud. Getting draft minutes to the board for review within a few days of a meeting really helps with accuracy as the information is fresh in the members’ minds.

5.     Manager/ Board Member/ Committee Reports: If the manager, a board member (typically the president) or committee head wishes to provide an update on specific items, they should be listed on the agenda. Further, I would recommend a brief listing of the topics they will discuss. Just listing “President’s Report” could be used as a catch all agenda item during which the president/ board may talk about any association topic. In my opinion, this does not comply with the spirit of the Florida Statutes.

6.     Treasurer’s Report/ Financial Statements Review: The association’s most recent monthly (or quarterly) financial statements should be reviewed and approved at each meeting. Any items the board may need to vote on relating to collection efforts (e.g., a vote to lien a unit) should also be listed as an agenda item (specific unit numbers may be listed).

7.     Amenities Use & Voting Rights Suspensions: As discussed in this post, boards must vote to suspend the amenities use rights or voting rights of unit owners in arrears. As such, this should be listed as an agenda item (specific unit numbers may be listed).

8.     Unit Owner Comments/ Questions/ Concerns: As discussed in our post on unit owner rights at board meeting, unit owners have the right to speak on any agenda item. I recommend listing an agenda item specifically for this purpose near the beginning of the meeting.

9.     Old and New Business: This section should include any business the board wishes to discuss. Keep in mind that the agenda should include all discussion items not just those that the board plans to take a final vote on at the meeting.

10.  Email Vote Ratification: While boards should try to avoid voting by email entirely (see this post for more information), if the board does vote via email I recommend that the item be included in the next meeting’s agenda and ratified at the meeting.

11.  Adjournment: Similar to #2 above, this is a formality. The time of adjournment should be specified.

 

 

Meeting Minutes

According to Florida Statute 718.111, meeting minutes must be taken for each board meeting. In my opinion this includes those meetings not open to unit owners (though minutes should be brief). Further, minutes must be retained for at least 7 years and must include how each board member voted on each item including if the board member abstained from voting. These are the only requirements for meeting minutes per Chapter 718. Robert’s Rules provide guidelines on preparation of meeting minutes but otherwise the style and content of the meeting minutes is up to the board.

We recommend the following as it relates to constructing meeting minutes:

  1. Use the meeting’s agenda as a base for the meeting minutes.
  2. Include meeting start and end times.

  3. List the board members, unit owner and other guests in attendance (including those present by phone)

  4. Record the meeting and listen to the tape while drafting the minutes to ensure accuracy. Tapes may be destroyed once meeting minutes are approved.

  5. Ensure the minutes are sufficiently thorough for a unit owner not present at the meeting to understand what actions were taken by the board and why.

  6. Transcribe the specific wording of each motion including who voted in favor of or against the motion.

  7. Include any identified board member or manager conflicts of interest.

  8. Briefly summarize any discussions the board had that did not end in a vote.

  9. Do not include board member quotes or the specific opinions of one board member (unless requested by the board member).

  10. If email votes were ratified at the meeting, Include copies of the email chain showing the vote with the meeting minutes.

The board of my association has begun attaching a “status update” document to our meeting minutes which I think is very helpful. This document specifies what actions have occurred on each agenda item from the time of the last meeting to the time of the current meeting. For example, if in last month’s meeting the board voted to re-landscape an area of the property, the “status update” document (which is provided to the board for review and approval at the current meeting along with the draft minutes of the prior meeting) would state something like: “Landscapers removed all old plants and have replaced all irrigation piping. New plants are scheduled to be installed next week”. This provides and straightforward way for unit owners to obtain updates on the status of past agenda items.

 

 


NOTE: This post reflects our opinions and ideas and should not be taken as legal advice or professional guidance. References to language in the Florida Statutes or Florida Administrative Code are based on our reading and laymen’s interpretation of these documents. As always, we strongly encourage you to consult with legal counsel regarding the interpretation of law.


 

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We are Running a Florida Rising Magazine – Cover Picture Contest.

We are Running a Florida Rising Magazine – Cover Picture Contest.

  • Posted: Nov 13, 2019
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We are Running a Cover Picture Contest.

Submit to this page Florida Pictures for consideration. We will select the winner to be the DEC 2019 Cover

– If your picture is Selected We will Place your company on a Full Page ( With a Great Bio and Article, Letting our industry know more about You!)

  • Think of Pictures showing Condo & HOA along with Property Management In Florida!
  • With Voting Season coming – December we will learn more about Voting for Officers, How it is Accomplished, Some stories on how things go bad, and new companies ready to help with Voting for your Condo and HOA’s
  • Please include your Info: so we can contact you, most will be from a FB, LI or Email – we can IM you with our decision..

This closes on 27, November 2019. So we can have a few days to place the company information

You can also send the pictures in an Email: FloridaRising@sfpma.com

 

   

   

   

Best of Luck to the Winner..

SFPMA

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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board?

If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board?

  • Posted: Nov 04, 2019
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If Your Association Fails to Hold Board Elections at an Annual Meeting, Do You Still Have a Board? The Answer May Surprise You…

As Condominium and HOA attorneys, we often receive questions from our clients dealing with all the issues that can get in the way of conducting a successful annual meeting. Most often, it is the issue of not being able to achieve a quorum of owners in attendance—which stymies the Association’s ability to hold Board member elections, approve the budget, and take other important actions to further the HOA’s business for the coming year.  So what happens if an Association’s Bylaws calls for annual board elections, but the Association does not hold elections for a number of years?  Is there a Board? Does the Board have any authority? A recent case addressed these issues, and the court’s findings might surprise you.

Keep up to date with articles and information on SFPMA.COM

Facts

In a 2019 case, a Condominium Association sued an owner for violating the governing documents.  The owner claimed that the Association’s Board, who initiated the lawsuit against him, lacked the authority to sue (and lacked the authority to do anything for the Association) because the Association had not held board elections in recent history.  Instead, the same directors had been in place for many years, despite the mandate in the Bylaws that board elections should be held each year at the annual meeting. The Association had not held annual meetings, and as a result, no Board elections had taken place.

Court Rulings

The trial court agreed with the homeowner defendant that the Association Board did not have any authority to act on behalf of the Association because they did not follow the Bylaws and hold annual elections.  The Association appealed, and the Court of Appeals reversed the trial court’s decision, finding in favor of the Association, holding that the Board members did have authority because they were still “in power.”  Why?  The secret was held within the language of the Bylaws, which stated that Board members serve until the earlier of (1) the next annual meeting of the Association or (2) such time as the Board members are replaced.  As the Association never held an annual meeting, and the Board members were not replaced, the Board members still legally served as the Board.

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Lesson

Board members, beware—or at least, take care!  If your Association does not or cannot hold its annual meeting due to quorum problems (for example) it is likely that you will remain on the Board until your successor is elected.  Unless you have formally resigned your Board position as set forth in your Bylaws, you are still a director, with all of the duties, obligations, and authority that come along with your position.

Channel View East Condominium Association, Inc. v. Ferguson, 2019 WL 2865987 (Ct. App. Michigan).

By 

 

 

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Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

Statutory Limitation on Condominium Transfer Fees

A Reminder that the Limit is the Limit

Transfer fees are those fees an association may charge in connection with the sale or lease of a unit. There are significant differences between allowable transfer fees for homeowners’ associations as compared against condominium associations. When it comes to transfer fees for condominium associations, Florida law is patently clear – in no event may such a fee exceed $100 per applicant. In spite of this clear limitation, some condominium associations charge more than the statutory maximum, and doing so is not without significant consequence.

 

In fact, unit owners of a condominium association recently brought a successful class action lawsuit in Miami-Dade County against their condominium association that charged transfer fees beyond the statutory limit. That association now faces a significant financial impact from the suit. Not only must the association return the money charged over the statutory limit to each member of the class, the settlement stipulated that the association must pay $95,000.00 in attorney fees to the law firm representing the residents. The class period was from 2014 to 2019, and the association may end up paying over $200,000.00 to satisfy all the claims in the class. Yikes!

 

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Specifically, section 718.112(2)(i), Florida Statutes, provides that “no charge shall be made by a condominium association in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless i) the association is required to approve such transfer and ii) a fee for such approval is provided for in the declaration. In no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant.” The law does allow the association to require a prospective lessee place a security deposit, not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association.

 

It is important to note that the statute requires that the condominium’s declaration provide authority to the association to approve a transfer and to impose the transfer fee. If these powers are not granted in your declaration of condominium, the condominium association may not charge any transfer fee. If the declaration of condominium does provide for a transfer fee, then the association must abide by the statutory maximum.

 

It is not unheard of for more than one condominium association to attempt to circumvent the statutory limitation by changing the name of the fee. Some may call the charges “screening fees” or “move in fees,” but that does not change the fact that the fees are still legally considered transfer fees. Remember, the limit is the limit, regardless of whether the condominium association’s expenses in obtaining credit and criminal history reports exceeds the $100.00 limitation. Any condominium association charging more than the statutory maximum is violating the statute and opens itself up to liability. With the award of attorney fees, there is an incentive for attorneys to bring more cases challenging any transfer fees that violate the statute. Your condominium association could be liable for hundreds of thousands of dollars for charging improper transfer fees.

 

On the other hand, there is good news for homeowners’ associations, these statutory maximums only apply to condominium associations. However, homeowners’ associations are not without some statutory limitation. Section 689.28, Florida Statutes, declares that transfer fee covenants violate public policy by impairing marketability of real property. However, section 689.28(2)(c)7., Florida Statutes, does allow a homeowners’, condominium, cooperative, mobile home, or property owners’ association to charge a fee if the declaration allows such a charge. So, a homeowners’ association may only charge a transfer fee if the authority is granted to the association in the declaration. Just keep in mind, if your declaration specifies a set fee, your association is limited to the fee provided in the declaration.

 

Now is a good time for all board members to review their community’s governing documents and seek advice from the association’s lawyer as to whether any existing transfer fee complies with the statutory requirements. A simple check now can help your association avoid costly litigation in the future.

Article written by Jeff Rembaum of KBRLegal.com 
with permission for SFPMA to republish for our industry.

 

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.

Thank You, SFPMA.COM

 

 

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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.

 

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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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TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents. A total of 27 new laws go in to effect.

TALLAHASSEE, Fla. — New laws take effect Oct. 1 in Florida, impacting state residents.

  • 27 new state laws in Florida
  • New laws take effect Oct. 1 
  • Texting while driving ban, hazing and protection of police dogs and horses

A total of 27 new laws go in to effect.

However, the biggest is a provision of a law that already went into effect: holding a phone or other device while driving.

State lawmakers passed a law that made texting while driving a primary offense in Florida. That law went into effect in July. But starting Tuesday, a provision of the law goes into effect that requires drivers to be “hands-free” in certain areas. If you are spotted holding a phone, whether that be talking on it, flipping through emails, playing Pokemon Go or anything else, police can pull you over and cite you if you are driving in a school or work zone.

We talked to drivers in the Bay area who said they support the new law.

“I think it’s smart because the school zone by my house on MacDill, every single time I’m going through there when the lights are on people are just blowing by me, not paying attention,” said John Meyer. “I don’t think these people on their phones are even going to see the crossing guards. It’s a problem and I’m glad they’re doing something about it.”

“I think we need to protect our children first and foremost. It would be horrible to lose a child over a cell phone and I truly believe they need to implement this law,” said Elisandra Garcia.

Up next, especially for college students, a new hazing law comes into effect.

Senate Bill 1080 will target people who plan acts of hazing or recruit others to help – if there is a permanent injury during the hazing, that will now be a third degree felony. Reporting a hazing incident will get you immunity under the new law.

Police dogs and horses are getting some added protection in a new law taking effect tomorrow. Anyone killing or severely injuring a police horse or dog will now face a potential of 15 years in prison. That is a 10 year increase over the current law.

 

Among the laws going into effect:

  • TEXTING WHILE DRIVING. Lawmakers passed a bill (HB 107) that strengthened the state’s ban on texting while driving by making it a “primary” offense, allowing police to pull over motorists for texting behind the wheel. Most of the measure took effect July 1. But starting Tuesday, it will require motorists to go hands-free on wireless devices in school and work zones. The law directs law-enforcement officers to provide verbal or written warnings until the end of the year for motorists who don’t put down cell phones in those areas. Tickets will start to be issued Jan. 1, punishable as a moving violation with three points assessed against the driver’s license.
  • HAZING. A new law (SB 1080) was crafted after Andrew Coffey, a Florida State University fraternity pledge from Lighthouse Point, died in 2017 after drinking a bottle of Wild Turkey bourbon that had been taped to his hand. The law targets people who plan acts of hazing or solicit others to engage in hazing and makes it a third-degree felony if the hazing results in a permanent injury. The bill also provides immunity to people who call 911 or campus security to report the need for medical assistance during hazing incidents.
  • POLICE DOGS AND HORSES. The measure (SB 96) makes it a second-degree felony, up from a third-degree felony, for people who kill or cause great bodily harm to police, fire or search-and-rescue dogs or police horses. The change boosts the amount of potential prison time from five years to 15 years. Supporters said the bill stems, at least in part, from the deaths of Fang, a member of the Jacksonville Sheriff’s Office canine unit shot and killed by a teenager fleeing after carjacking two women at a gas station, and a Palm Beach County Sheriff’s Office police dog named Cigo that was killed in the line of duty.
  • CHILD-LIKE SEX DOLLS. The law (SB 160), in part, makes it a first-degree misdemeanor to sell, give away or show child-like sex dolls. The charge increases to a third-degree felony on subsequent violations. A committee staff analysis said the importation to the U.S. of sex dolls that resemble children has become increasingly prevalent. “Such dolls are manufactured in China, Hong Kong, or Japan and are shipped to the U.S. labeled as clothing mannequins or models in order to avoid detection,” the analysis said.
  • VETERANS’ COURTS. The law (SB 910) removes a requirement that military veterans be honorably discharged to be eligible for participation in veterans’ courts. It also expands overall eligibility to current or former U.S. defense contractors and military members of allied countries. Veterans’ courts are designed to provide treatment interventions to military veterans and active-duty service members who are charged with criminal offenses and suffer from military-related injuries, such as post-traumatic stress disorder, traumatic brain injury or a substance-abuse disorder.

 

 

You can read the other laws going into effect Tuesday below. to get more details on them, go to the Florida House website.

  • CS/HB 9: Community Redevelopment Agencies:
    Requiring ethics training for community redevelopment agency commissioners; requiring a community redevelopment agency to follow certain procurement procedures; requiring a community redevelopment agency to publish certain digital boundary maps on its website; providing termination dates for certain community redevelopment agencies, etc.

 

  • CS/SB 262 Child Welfare:
    Providing for the name of a child’s guardian ad litem or attorney ad litem to be entered on court orders in dependency proceedings; requiring cooperation between certain parties and the court to achieve permanency for a child as soon as possible; requiring the court during an adjudicatory hearing to advise parents in plain language of certain requirements to achieve permanency with their child, etc.

 

  • CS/CS/HB 725 Commercial Motor Vehicles:
    Exempting persons who operate a commercial motor vehicle solely in intrastate commerce which does not transport hazardous materials in amounts that require placarding from certain requirements related to electronic logging devices and hours of service supporting documents until a specified date; extending an exemption from specified commercial motor vehicle requirements for a commercial vehicle having a certain gross vehicle weight rating and gross combined weight rating, under certain circumstances; revising length and load extension limitations for stinger-steered automobile transporters, etc.

 

  • CS/CS/HB 827 Engineering:
    Prohibiting specified services to the department for a project that is wholly or partially funded by the department and administered by a local governmental entity from being performed by the same entity; revising licensure certification requirements to include active engineering experience and a minimum age; revising the timeframes in which a fee owner or the fee owner’s contractor using a private provider to provide building code inspection services must notify the local building official, etc.

 

  • CS/HB 1057 Motor Vehicles:
    Revises provisions relating to motor vehicle lamps, lights, & warning signals; provides requirements & penalties; revises requirements for release statements & pickup notices for damaged or dismantled motor vehicles; authorizes entity that processes certain transactions or certificates for derelict or salvage motor vehicles to be authorized electronic filing system agent; authorizes DHSMV to adopt rules.

 

  • CS/HB 1247 Construction Bonds:
    Requires notice of nonpayment to be under oath; specifies that claimant or lienor who serves fraudulent notice of nonpayment forfeits his or her rights under bond; provides that service of fraudulent notice of nonpayment is complete defense to claimant’s or lienor’s claim against bond; provides that provision relating to attorney fees applies to certain suits brought by contractors.

 

  • HB 1323 City of Tampa, Hillsborough County:
    Revises investment policy provisions to conform with general law.

 

  • HB 1373 Hillsborough County Civil Service Act:
    Repeals special act relating to the establishment of a fair, neutral, & impartial system for administering employee discipline; requires that agency or authority previously covered under act must provide fair, neutral, & impartial system for administering employee discipline of suspension, involuntary demotion, or dismissal & appeals of such discipline.

 

  • HB 7001 OGSR/State University DSO Research Funding:
    Removes scheduled repeal of exemption relating to exemption from public meeting requirements for portions of certain state university DSO meetings at which proposal seeking research funding or plan for initiating or supporting research is discussed.

 

  • HB 7003 OGSR/Alzheimer’s Disease Research Grant Advisory Board:
    Removes scheduled repeal of exemption from public records & meeting requirements for applications provided to Alzheimer’s Disease Research Grant Advisory Board within DOH & review of such applications.

 

  • HB 7009 OGSR/Identification and Location Information/Department of Health:
    Removes scheduled repeal of exemption from public record requirements for certain personal identifying & location information of specified personnel of DOH, & spouses & children thereof.

 

  • HB 7011 OGSR/Division of Emergency Management: 
  • Removes scheduled repeal of exemption from public meeting requirements for information provided to DEM for purpose of being provided assistance with emergency planning.

 

  • SB 7018 OGSR/Public Research Facility/Animal Research:
    Amending a provision which provides an exemption from public records requirements for the personal identifying information of a person employed by, under contract with, or volunteering for a public research facility that conducts or is engaged in activities related to animal research; removing the scheduled repeal of the exemption, etc.

 

  • HB 7025 OGSR/Treatment-based Drug Court Programs: 
  • Removes scheduled repeal of exemption from public records requirements for certain information relating to screenings for participation in treatment-based drug court programs, behavioral health evaluations, & subsequent treatment status reports.

 

  • HB 7033 OGSR/Family Trust Companies:
    Removes scheduled repeal of exemption relating to certain information held by OFR relating to family trust companies.

 

  • SB 7034 OGSR/Automated License Plate Recognition System:
    Amending a specified provision which provides a public records exemption for certain images and data obtained through the use of an automated license plate recognition system and for personal identifying information of an individual in data generated from such images; removing the scheduled repeal of the exemption, etc.

 

  • SB 7036 OGSR/Payment of Toll on Toll Facilities/Identifying Information:
    Amending a specified provision which provides an exemption from public records requirements for personal identifying information held by the Department of Transportation, a county, a municipality, or an expressway authority for certain purposes; deleting the scheduled repeal of the exemption, etc.

 

  • HB 7047  OGSR/Security Breach Information:
    Removes scheduled repeal of exemption from public record requirements for certain information received by Department of Legal Affairs relating to security breaches.
  • HB 7049 OGSR/Florida Consumer Collection Practices Act:
    Removes scheduled repeal of exemption from public record requirements for certain information held by Office of Financial Regulation pursuant to investigation or examination under Florida Consumer Collection Practices Act.
  • HB 7059  OGSR/Concealed Carry License/DACS:
    Removes scheduled repeal of exemption from public records requirements for certain personal identifying information held by tax collector when individual applies for license to carry concealed weapon or firearm.
  • HB 7091 OGSR/Hurricane and Flood Loss Model Trade Secrets:
    Removes scheduled repeal of exemption relating to certain information related to trade secrets used to design an insurance hurricane or flood loss model.
  • HB 7097 OGSR/Informal Enforcement Actions and Trade Secrets/OFR:
    Removes scheduled repeal of exemptions from public records requirements for certain informal enforcement actions engaged in & trade secrets held by OFR.
  • CS/HB 7125 Administration of Justice:
    Providing for reallocation of unencumbered funds returned to the Crime Stoppers Trust Fund; increasing threshold amounts for certain theft offenses; revising criminal penalties for the third or subsequent offense of driving while license suspended, revoked, canceled, or disqualified; requiring the Department of Children and Families to provide rehabilitation to criminal offenders designated as sexually violent predators; establishing eligibility criteria for expunction of a criminal history record by a person found to have acted in lawful self-defense; creating the Task Force on the Criminal Punishment Code adjunct to the Department of Legal Affairs, etc.

 

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