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SO HOW ARE ELECTIONS GOING TO WORK?  By Eric Glazer, Esq.

SO HOW ARE ELECTIONS GOING TO WORK? By Eric Glazer, Esq.

  • Posted: Nov 14, 2023
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SO HOW ARE ELECTIONS GOING TO WORK?

By Eric Glazer, Esq.

Unfortunately, it looks as if we will still need to social distance when it’s time for our annual elections.  So how do we do this practically?

In a condominium, it’s much easier than an HOA to run the election with social distancing because the procedures allow for mail-in ballots.  The association must still have an in person  “annual meeting” but it can be very small, with only a few people showing up while everyone else tunes in to watch live on their computer.

The votes can be counted by any volunteers in attendance, or the ballots can be forwarded to counsel for the association, who, with volunteers appointed by the board in advance, can count the ballots at the attorney’s office — and everyone can watch live on their computer.  It really is no big deal.

It’s more complicated in an HOA however, because typically HOAs don’t follow the same election procedures that condos do.  Ballots are not mailed in.  People must vote in person, after nominations are taken from the floor.  And, after nominations are taken from the floor, parcel owners are then given a ballot and asked to write in the names of the candidates of their choice. How can nominations be taken from the floor if people are afraid to go to “the floor?”  How can we distribute paper ballots to people who are logged on by the computer?  The truth is….we can’t.

So for HOAs who have real concerns that their election process will be tainted because it’s impossible to comply with the procedural election requirements of their bylaws, I have a suggestion.  AMEND YOUR BYLAWS AND DO IT NOW.  I always thought the HOA election process stinks and that the condo statute is far superior.  Well, now is a perfect time to convince your community that if they want fair elections to occur in their community and that will allow them to vote from home during a pandemic, their docs need amending now.

 

As Eric mentions, amended the HOA By-laws now. It is much easier to amend the By-laws as opposed to the Declarations.

Comment -There is a BIG difference between a Condo and HOA. Two different laws, one association is regulated by the DBPR (Condo) and the other is a half baked regulation for only recalls and elections by the DBPR. HOAs are at the greatest risk. It allows elections to be held in accordance with the antiquated by-laws of the Governing Documents. There are over 10 different ways to hold an election because there are so many variables in the individual by-laws. It is hard enough to hold an HOA election because of quorum requirements. No wonder property owners ignore HOA annual meeting elections and board meetings. It was so simple pre-FS 720.

 

 

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Good leadership and governance for Florida Board Members by SFPMA

Good leadership and governance for Florida Board Members by SFPMA

  • Posted: Oct 23, 2023
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Good leadership and governance for Board Members

“Seven keys to a successful board meeting”

One of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

It sounds basic, but one of the fundamental challenges that far too many board members and boards have is that they don’t have a strong understanding of their roles and responsibilities.

Boards, in general,  do well with more fundamental board members understanding responsibilities — understanding the organization’s mission and providing financial oversight. Conversely, they struggle most with external responsibilities, including fundraising, advocacy, and community-building and outreach. This lack of understanding of what is — and is not — a part of the board’s essential roles can lead to a whole host of dysfunctions, such as micromanagement, rogue decision-making, lack of engagement, and more.

Since it’s impossible to do a job well if you don’t know what the job is, all boards must take the time to ensure that every board member fully understands what’s expected and needed of him or her, and then hold all members accountable when they get off track.

This starts with an understanding of the fundamental legal duties of each individual board member, which include:

  • Duty of Care — Each board member has a legal responsibility to participate actively in making decisions on behalf of the organization and to exercise his or her best judgment while doing so.
  • Duty of Loyalty — Each board member must put the interests of the organization before their personal and professional interests when acting on behalf of the organization in a decision-making capacity. The organization’s needs come first.
  • Duty of Obedience — Board members bear the legal responsibility of ensuring that the organization complies with the applicable federal, state, and local laws and adheres to its mission.

 

Board meetings should be productive, efficient meetings where the board conducts business. Stop and think about that for a minute. Are your meetings productive and efficient? Does the board meet to conduct business or socialize? Are you getting the most out of your meetings?

We’ve put together seven keys to a successful board meeting. Following these suggestions can bring new life to your association and keep volunteers interested in helping.

 

1.- Board meetings should not last more than one hour. Start the meeting when it is scheduled to begin and get straight to business. If you collectively have the focus to get done in an hour you’ll be amazed with how much you can accomplish. If you have no time limit, the meeting will typically drag on and a lot of time will be wasted.

When time is wasted at a meeting then people are less likely to volunteer because they feel their time is wasted. One hour meetings have a major impact on volunteers. Associations that hold focused, one hour meetings have more people volunteer. It’s also important to note that those volunteers stay active the in the community for much longer. Length of your board meetings may seem like a trivial matter, but it really does have a large impact on how the volunteers of the association view the organization and, in turn, how they view their role.

 

2.- Make your meetings action oriented. Don’t just discuss issues, make decisions. Every item up for discussion should end in a vote to move forward in some way or table the issue with a clear understanding of why the item is being tabled and when it will be revisited. When taking action on an item make sure it is clear who will be responsible for getting that task completed. Ambiguity cripples a board.

 

3.- Board Meetings are for the board. They are not neighborhood meetings or social gatherings. The purpose of a board meeting is to conduct business, not see how many people you can get to attend. Some board members try to get as many people to attend as possible. This is missing the point. Homeowners are, of course, welcome to attend but it is not a membership meeting. The purpose of the board meeting is for the board to consider the affairs of the association, make business decisions, and then have a clear plan of action.

 

4.- Take time prior to the meeting to think about what you want to discuss. Inform the community manager of this one week prior to the meeting. This way your topics of discussion can be placed on the agenda which will allow the other board members and the community manager the opportunity to think about and/or research the item you want to talk about. When you don’t come prepared and spring things on the other board members or on the community manager this typically results in a lot of unnecessary discussion with additional research needed in order to make any kind of decision. Remember, be action oriented. By planning ahead you can make more decisions at the meeting instead of causing an item to be discussed twice and delayed for months.

 

5.- There are an odd number of board positions for a reason. You will not always see eye to eye. Don’t take it personal if the other members of the board disagree with you. This will occur and is healthy. While each board member should attempt to come to a consensus with the other members, you will not be able to achieve this each time. Countless hours are wasted by board members continuing to argue a point just to obtain “victory” on a certain issue or to avoid any vote that is not unanimous. This occurs because someone is taking it personal. If your view is not shared on an issue, take a vote, and move on. Do not hold a grudge. Recognize that you can disagree and still work well with each other.

6.- If you think you may have a conflict of interest do not vote on that issue. Let’s say a board member’s spouse is on a committee. If the board is making a decision on an issue related to that committee then the board member with the spouse on that committee should excuse him/herself.

 

7.- Most associations should hold quarterly meetings (unless your bylaws require more). Meeting more often than that becomes excessive and unnecessary. Remember you want to have focused, short, productive meetings. This keeps people interested in serving on the board and on committees. If the association is constantly meeting then people feel it is taking too much of their time and they will stop volunteering. It is important to note that you are required to comply with the minimum meeting requirement in your bylaws. Most association bylaws require no more than quarterly meetings, but check yours to be sure.

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What happens when it floods?  Contact us for a comprehensive inspection of your property’s Stormwater System.

What happens when it floods? Contact us for a comprehensive inspection of your property’s Stormwater System.

  • Posted: Oct 23, 2023
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What happens when it floods?

Water will flow from streets into your local storm drain and then to your lake. You will see lake levels rise during this time. Your local drainage district is hard at work in pump stations and control rooms managing water throughout South Florida. You will see this level of flooding till the main drainage system can catch up with the amount of rain that fell over the last 48 hours.
If you have not had your Stormwater System inspected within
the last year contact us for a comprehensive inspection of your property’s Stormwater System.

Contact us at:

Allstate Resource Management

954-382-9766 or info@allstatemanagement.com

Allstate Resource Management | 6900 S.W. 21st Court, Bldg. 9Davie, FL 33404

 


A Company You Can Trust!

Family-owned and operated for 25+ years!

Centrally located in South Florida!

Contact us today to find out how we can help your community!

Direct: 954-382-9766 or info@allstatemanagement.com

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Get certified for free IN MIAMI AND WEST PALM BEACH while attending the Condo and HOA Expo.

Get certified for free IN MIAMI AND WEST PALM BEACH while attending the Condo and HOA Expo.

  • Posted: Oct 16, 2023
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South Florida Condo & HOA Expo

Seminars

Learn From Industry Leaders!

Get the tools and information you need to manage your condo or HOA more efficiently.

Regional and national experts will offer insights into the latest industry trends and best practices in legal oversight, financing, maintenance, renovations, energy efficiency, administration, communication and more.

Bring your questions to these lively, informative sessions and come away with a clear blueprint for improved management for the future.

OCTOBER 17TH, 2023 AT 8:30 A.M.
AT THE HYATT GRAND HOTEL IN MIAMI .

 

OCTOBER 19th, 2023 AT 8:30 A.M.
AT THE PALM BEACH COUNTY CONVENTION CENTER

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HOA Parking Lot Flooded?  Now is the time to give  Allstate Resource Management a call!

HOA Parking Lot Flooded? Now is the time to give Allstate Resource Management a call!

  • Posted: Oct 03, 2023
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Our schedule is filling up fast for storm drain cleanings, the rain that occurs in the summer can flood your HOA quickly!

Contact us to talk to a Stormwater Specialist today!

Contact us at 954-382-9766 or info@allstatemanagement.com

Learn more about how Allstate Resource Management can help.  View our Membership Page on SFPMA Directory and Contact us.

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake managementwetland managementstormwater drain cleaning and maintenance, erosion controlfish stockingnative plantingsdebris removalwater qualityaquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs. When you search the Upcoming Events page on SFPMA each month you will find the Educational Classes Offer or Contact us directly so we can schedule an event at your Condo or HOA with a day packed with information and fun for all.

Colleen Sullivan
Marketing Manager
www.allstatemanagement.com
6900 SW 21st Court, Building #9
Davie, Florida 33317
Phone: (954) 382-9766
Fax: (954) 382-9770

 

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Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand

Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand

  • Posted: Sep 27, 2023
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Clear your schedule for this important networking and educational event! The Broward County Condo & HOA Expo is coming up Tuesday, October 10th, at the Signature Grand, conveniently located just off I-595. If you haven’t already, be sure to complete your FREE REGISTRATION today.

This is an event you can’t afford to miss! In a single day, you’ll get the tools, information, and contacts you need to gear up for your property’s busy season:

  • Learn and get FREE CEU’s from 12 different seminars and courses covering today’s essential management topics, including Board Certification and Legal Update (But hurry – Seats fill up fast)!
  • Get advice from experts in law, security, property management, tax, accounting, and more.
  • Browse the newest products and services.
  • FREE PARKING! Attendees park for free in the Signature Grand’s surface lot surrounding the facility. Parking is available on a first-come, first-served basis – we strongly suggest carpooling if available.
  • FREE LUNCH! As a Community Association Manager, Board Member, Board President, or active HOA member, use promo code CLEAR when registering in the next 10 days and receive free lunch at the expo!

We look forward to seeing you on Tuesday, October 10th, at the Broward County Condo & HOA Expo!

Search our upcoming events find other Expos in October 2023

 

 

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New law makes condos fix everything – Episode 66

New law makes condos fix everything – Episode 66

  • Posted: Sep 06, 2023
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Attorney Eric Glazer and co-host Karen Curtis will be taking your calls and YouTube questions on whatever topic you need answers to or whatever you need to get off your chest. Call us at 877-850-8585 during the show or chat with us on YouTube Live Chat. Condo Craze & HOAs Live on YouTube

Sunday@11am on YouTube! Link to the live stream

 

 

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If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims. by Cohen Law Group.

If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims. by Cohen Law Group.

  • Posted: Sep 01, 2023
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Cohen Law Group would like to remind all Property Managers and CAMs that our firm has handled thousands and thousands of property damage insurance claims in Florida. We have decades of experience handling hurricane claims that have been denied, delayed, or reduced.

If you are unsure if your property sustained damage as a result of Hurricane Idalia you should ask for an inspection by a qualified contractor, estimator or building inspector to assess whether hurricane-force winds damaged or compromised the roofing system and building envelope. Many companies offer this initial inspection free of charge. Given the complexities of a large loss claim, consider consulting with an attorney experienced in handling commercial insurance claims for condominiums and homeowner’s associations.

 

We can connect you with top professionals in the industry to evaluate hurricane damage and we can assist you with handling an insurance claim the right way– today.

 

Here’s more information on how we can help you:

Cohen Law Group is certified through the state of Florida for Property Manager and CAM Continuing Education Credits/Classes. We have a one to three-hour CE class called “A CAMs/Property Managers Guide to Property Damage Insurance Claims”

We can schedule a free lunch and learn with your CAMs and will provide an overview of our suggestions and strategies as well as some examples of our vast experience with Residential Property Damage and Commercial Large Loss.

If your residential, commercial, or industrial properties have property damage, our Insurance Claims Attorneys can help with everything from A-Z on hurricane claims.

Please call us today at 850-318-7474 


Here are some tips for property owners

immediately after a hurricane:

You have 1 year from the date of loss to report the claim. Please do not hesitate in reporting the claim immediately as you are aware there is storm damage. Believing the damages are below your deductible is not a defense to this and the insurance company will use every day you wait against you later.

Thoroughly document all emergency repairs before and after they are completed. Insurance companies will try to get out of paying for these services if they believe they do not have sufficient information.

If you are displaced from your home or property, please keep all invoices and receipts showing costs that you incur. Likewise, if you have any damaged personal property, please take photographs of it before you throw it away.

Insurance companies cannot cancel your policy while you have an open claim. You should speak to an attorney to understand your rights. Insurance companies will routinely request that you sign documents and give statements to them that can and will be used against you later.

489.147 Prohibited property insurance practices.—

(1) As used in this section, the term:

(a) “Prohibited advertisement” means any written or electronic communication by a contractor which encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage, if such communication does not state in a font size of at least 12 points and at least half as large as the largest font size used in the communication that:

1. The consumer is responsible for payment of any insurance deductible;

2. It is insurance fraud punishable as a felony of the third degree for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of an insurance deductible applicable to payment to the contractor for repairs to a property covered by a property insurance policy; and

3. It is insurance fraud punishable as a felony of the third degree to intentionally file an insurance claim containing any false, incomplete, or misleading information.


Harvey V. Cohen, President

Harvey Cohen Signature

     

At Cohen Law Group, It’s About Justice!

It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.

(850)318-7474

Members of  SFPMA – https://sfpma.com/listing/cohen-law-group/

 

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Hurricane Preparedness and Recovery Guide by Becker and Association Adjusting

Hurricane Preparedness and Recovery Guide by Becker and Association Adjusting

  • Posted: Aug 29, 2023
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Hurricane Preparedness and Recovery Guide

by Becker and Association Adjusting

The State of Florida is no stranger to hurricanes and other natural disasters.

Living in paradise doesn’t come without some risks associated with Mother Nature. The question is never just if our communities, homes and families will be impacted by a windstorm event, but when they will, and how we will prepare for and recover from that event.

In addition to our in-house legal services, Becker owns and operates Association Adjusting, a licensed and insured public adjusting firm led by Joseph “Joe Connelly (#E157037). Mr. Connelly has served as Executive Board Officer for the Florida Association of Public Adjusters (FAPIA).

Recognized as an authority in the community association industry, Association Adjusting has the expertise and experience to help community associations achieve the most favorable outcome possible. Our team of public adjusters, led by Mr. Connelly, provides clients with only the highest level of professionalism and excellence – whether you’re dealing with a claim that stems from hurricane damage, water damage, theft, fire, mold, roof leak, or any other type of calamity, our singular goal is to ensure your interests are always protected.

The first step toward developing and implementing a disaster plan is identifying the potential consequences of a disaster. The second step is to develop and implement a plan to mitigate the impact of a disaster to the fullest extent possible.

Click here to read more!

Disaster Resources & Links

Federal Emergency Management Agency for federal disaster response and recovery information

National Flood Insurance Program (NFIP) for information about federal flood insurance

Home Inventory Checklist

Information about Flood Insurance

Flood Insurance Writers

Flood Resources: National Flood Insurance Program (NFIP)
Contact Information: Phone: 1-888-FLOOD29 or 1-888-356-6329

Flood Claims Process

Filing a Flood Insurance Claim

Premium Discounts for Hurricane Loss Mitigation

Notice of Premium Discounts for Hurricane Loss Mitigation

Uniform Mitigation Verification Inspection Form

Homeowners insurance toolkit

Are you prepared for Hurricane Season?

Preparing for Natural Disasters, and Recovering from them

Disaster Preparedness at Home: Filter Out the Damage

Disaster Prep & Self Storage – What You Need to Know

PA DMV Emergency Driving Tips

Emergency Preparedness for People Requiring Special Assistance

Humane Society – Protect Your Pets

DISCLAIMER

Becker provides access to information on this website page as a public service. Although reasonable efforts have been made to ensure that all electronic information made available is current, complete and accurate, Becker does not warrant or represent that this information is current, complete and accurate. All information is subject to change on a regular basis, without notice. Becker assumes no responsibility for any errors in the information provided, nor assumes any liability for any damages incurred as a consequence, directly or indirectly, of the use and application of any of the contents of the website page. The inclusion of, or linking to, other website URLs does not imply our endorsement of, nor responsibility for, those web sites, but has been done as a convenience to our website visitors.

 

 

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BOARD MEMBERS BETTER BE CAREFUL  By Eric Glazer, Esq.

BOARD MEMBERS BETTER BE CAREFUL By Eric Glazer, Esq.

  • Posted: Aug 22, 2023
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BOARD MEMBERS BETTER BE CAREFUL

By Eric Glazer, Esq.

Board members I’m telling you now……..be careful.  I’m seeing it already.  Unit owners are starting to freak out over the passage of huge assessments to cover the costs of mandatory inspections, mandatory repairs and massive increases in insurance rates.

As we know, we’re not talking about pesky increases to the monthly cost of living in your home.  We are talking about increases that will cause many to no longer be able to afford to live in their home at all.  We are talking about increases that will force people to sell and no longer live in the condominium that they have lived in for perhaps decades.

Notwithstanding the fact that none of these increases are the result of anything the Board members did or didn’t do, board members know who is likely to be blamed for this financial disaster many unit owners find themselves in ——the Board members.  So what else is new?

Board members are used to being blamed when things go wrong even though it’s not their fault.  That comes with the territory.  They get yelled and screamed at, the meeting ends and then it’s usually over.  Maybe there’s some nasty e-mail that float around the community.  This time it’s different.

Even if unit owners come to the realization and accept that they can’t afford to live in the condo any longer, the question is….so where can they go?  Every condo seems to be in the same shape.  Or if owners choose to move to a place that’s simply newer and not yet required to perform these inspections and repairs, you can bet they cost a lot more money than where they currently live.  There’s simply no place to turn to.

When there is desperation and fear, people become irrational and often times violent and that is why I honestly fear for the safety of condominium board members throughout the state.  This is not a knock on the millions of law abiding condominium owners throughout the state.  They  were thrown into this position because The Florida Legislature failed all of you.  Instead of always requiring condominium owners to put away money for a rainy day, The Florida Legislature cow-towed to the whims of developers, law firms and other special interest groups who always lobbied against mandatory reserves.  The only reason why mandatory reserves are now required is because 98 innocent men, women and children died at The Champlain Towers in Surfside as a result of not having nearly enough money on hand to make obviously needed structural repairs in their condominium.

So Board members……….you didn’t volunteer in your community to get punched out or worse at your board meetings.  My advice is….when you know you’re about to pass a special assessment at a meeting, and at that meeting people are going to be going crazy……protect yourselves.  Make sure there are police or at least security at the meeting.  Better be safe than sorry.

 

WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.

 

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