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You don’t get to take a holiday break from condo rules.

You don’t get to take a holiday break from condo rules.

  • Posted: Dec 20, 2024
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If you’re one of the 62 million Americans living in condo and homeowners associations (HOAs), you don’t get to take a holiday break from condo rules.

Humbug, you say? Well…

“A hallmark of a shared ownership community is that you give up some of your rights for the good of the community. If there are restrictions involving holiday decorations, including lights and signage, you’re generally bound by them

Option 1: Nothing may happen if the HOA rules aren’t enforced.
Option 2: You might get a letter asking you to take down your decor.
Option 3: You might get fined for breaking condo rules.

 

Be safe, Ask your board for rules they may have for decorations on the Grounds….

Constructive ways to balance your need to deck the halls with condo rules that ban decorations:

  • Talk to your neighbors.
  • If it’s your first holiday in your new home, check your association’s rules and regulations to find out what’s really allowed.
  • Condos that ban lights and signage most of the year may be lenient about decorations during the holiday season. “But do understand these rules and regulations are enforceable by boards of corporations that are created contractually,”

Take your holiday case to the board. Call the president and ask if you can speak at the next meeting. Show up with a short written proposal to modify the HOA rules to allow specific kinds of decorations, like lights on balconies or door wreaths.

Check state laws on condo rules. Got no satisfaction from your trip to the condo board? You might be able to appeal to a higher authority. Some states have a large body of home owners association laws that may override HOA rules in certain instances, while other states have few home owners association laws.

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FLORIDA MEMBERS DIRECTORY: Find top companies for your next Condo or HOA project!

FLORIDA MEMBERS DIRECTORY: Find top companies for your next Condo or HOA project!

  • Posted: Dec 18, 2024
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Search SFPMA Member Companies, Learn how they can help you with your properties Repairs & Management.

FLORIDA MEMBERS DIRECTORY

Find Members ready to help with Management, Business and Services for your properties.

Property Maintenance is an integral part of managing the day to day operations for every type of property. Search the Members Directory for Companies working with Property Management, Condo and HOA properties in Florida from Tallahassee to the Keys. 

 

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Finding the top Companies working in our Industry is important for Property Managers, Condo & HOA Board Members.

Many Property Managers, Condo & HOA Board Members use our members in the buildings and communities they manage, for them this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall. Through membership marketing its all about forming relationships that lead to increased business for your company and lasting relationships for you.

Become a listed member of SFPMA Today!

 

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Disability Discrimination Under the Fair Housing Act  by Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

Disability Discrimination Under the Fair Housing Act by Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

As directors and managers of community associations, it is likely that you are very familiar with disability-related requests for reasonable accommodations under the Fair Housing Act, particularly requests for accommodation to pet restrictions so that a disabled person may have an assistance animal within the community. However, the failure to grant reasonable accommodations is not the only form of disability discrimination under the Fair Housing Act.

The Fair Housing Act also makes it unlawful for a housing provider to refuse to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises. For example, reasonable modifications may include widening doorways to make rooms more accessible for persons in wheelchairs, installing grab bars in bathrooms, lowering kitchen cabinets to a height suitable for persons in wheelchairs, adding a ramp to make a primary entrance accessible for persons in wheelchairs, or altering a walkway to provide access to a common use area.

In order for an individual to be entitled to a reasonable modification under the Fair Housing Act, the individual must first make a request for a reasonable modification. An individual makes a reasonable modification request whenever he/she makes clear to the association that he/she is requesting permission to make a structural change to the premises because of his/her disability. Although the association may adopt and use specified forms and procedures for processing modification requests, the association cannot refuse a request because the individual does not use the specified form or follow the established procedures. All the individual needs to do is make the request, orally or in writing, in a manner that a reasonable person would understand to be a request for permission to make a structural change because of a disability.

As part of the request, the individual must (i) establish that he/she is disabled (i.e., the person has a physical or mental impairment that substantially limits one or more major life activities) if the disability is not already known to the association or readily apparent; (ii) describe the type of modification requested; and (iii) explain the relationship, or nexus, between the requested modification and the individual’s disability.

The association is required to provide a prompt response to a reasonable modification request. An undue delay in responding to a reasonable modification request may be deemed a failure to permit a reasonable modification. There is no clarity as to what constitutes a “prompt response” or “undue delay” for a reasonable modification. However, if we are to borrow from guidance from the U.S. Department of Housing and Urban Development regarding reasonable accommodations under the Fair Housing Act, then a response should be issued within ten days.

The failure to permit a person with a disability to make a reasonable modification or the failure to promptly respond to a request for a reasonable modification is deemed discrimination under the Fair Housing Act. If discrimination is found to have occurred, the association may be subject to an injunction, forcing the association to permit the requested modification, and an award for damages, which may include punitive damages. In addition, violations of the Fair Housing Act are one of the few instances in which individual board members may be held personally liable for such violations. Given the potential for liability and the many factors which must be considered upon receiving such a request, the board must carefully evaluate a request for a reasonable modification in a timely manner and on a case-by-case basis.

The association cannot condition its approval of the requested modification upon the payment of a security deposit or the purchase of additional insurance and cannot insist that a particular contractor do the work. However, the association can require that the unit owner obtain any building permits needed to make the modification and that the work be performed in a workmanlike manner. From a practical perspective, there will need to be coordination between the association and the unit owner, for example, to obtain whatever permits may be required and to schedule the work, given that the modification may be made to the common areas owned by the homeowners’ association or the common elements controlled by the condominium association.

As to the modification itself, the disabled person is responsible for determining the type of modification and for payment of the costs of the modification. Generally, the association cannot insist on an alternative modification, particularly if the requested modification is to the interior of the unit. However, if the requested modification is to the common area or common elements, the association can propose an alternative modification (e.g., different type of modification, different placement, different design, etc.). However, if the association’s proposed alternative modification costs more than the modification requested by the disabled person, the association will be required to pay the difference.

Once the modification is installed, whether the disabled person or the association will be responsible for the upkeep and maintenance of the modification will depend upon where the modification is located and who is able to use the modification. As to modifications made to the common areas or common elements, if the modification is used exclusively by the disabled person, such person is responsible for the upkeep and maintenance of the modification. However, if the modification is installed on the common areas or common elements which are normally maintained by the association and may be used by others, the association is responsible for the upkeep and maintenance of such modification under the Fair Housing Act.

Although some modifications to the interior of the unit must be restored if requested by the association when the disabled person vacates the unit, the association cannot require the disabled person to have a modification made to the common areas or the common elements removed and area restored.

Additionally, the Fair Housing Act controls over the provisions of the governing documents of the association and any requirements of Chapter 718, Florida Statutes. For example, even if the modification is a material alteration or substantial addition to the common elements or association property subject to membership approval under a community association’s governing documents and/or section 718.113(2)(a), Florida Statutes, such membership approval would not be required for a reasonable modification under the Fair Housing Act. However, the board still must approve the requested modification at a properly noticed board meeting, and the minutes of such meeting must reflect the board’s approval of same.

Regarding property insurance for modifications to a condominium’s common elements, section 718.111(11)(f), Florida Statutes, requires that the condominium association carry adequate property insurance for primary coverage of all portions of the condominium property, only excluding from such coverage the following which is the responsibility of the unit owner: 1) all personal property within the unit or limited common elements and 2) floor, wall, and ceiling coverings; electrical fixtures; appliances; water heaters; water filters; built-in cabinets and countertops; and window treatments (including curtains, drapes, blinds, hardware, and similar window treatment components); or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit. Therefore, if modifications are not within the unit or the limited common elements serving the unit, the condominium association is responsible to carry property insurance for the modification and will be responsible for the reconstruction, repair, or replacement of the modification if it is damaged by an insurable event.

Finally and importantly, because there are so many ways for a board to create legal liability when handling reasonable modification and/or reasonable accommodation requests, the board and manager should absolutely involve the association’s attorney, particularly if the board is going to request additional information or deny the request. Simply asking the wrong question can create legal liability for an association, such as asking for additional information regarding a person’s disability when the disability is readily apparent. Because there are so many ways to misstep in this arena, significant caution is advised.

Guest Columnist: Danielle M. Brennan, Esq. B.C.S. [Kaye Bender Rembaum]

Reprinted with permission as it appears in the December 2024 issue of the Florida Community Association Journal.


 Danielle M. Brennan is a board-certified specialist in condominium and planned development law by the Florida Bar. Mrs. Brennan is a firm member in the Palm Beach Gardens’ office and joined Kaye Bender Rembaum as an associate attorney in April 2013. She assists community association clients (including residential and commercial condominium associations, homeowners’ associations, cooperatives, and commercial associations) and developer clients with all aspects of community association establishment and operations, including corporate filings and mergers, governing document drafting and amendments, contract drafting and negotiations, membership meeting and board meeting operations, fair housing matters, land use and zoning matters, and covenant enforcement.

 

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A guide to holiday decorating that will keep you off your HOA’s naughty list

A guide to holiday decorating that will keep you off your HOA’s naughty list

  • Posted: Dec 17, 2024
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A guide to holiday decorating that will keep you off your HOA’s naughty list

Check your association’s bylaws before making your home festive

The holidays are here, and many of the 74.1 million Americans who reside in community association neighborhoods are preparing to decorate their homes. These homeowners should be aware that many community associations have bylaws that regulate lights, trim and decorative displays. The most common association rules that regulate holiday decorations address:

  • Time. Many homeowners associations (HOAs) regulate the hours that lights may be illuminated and dates on which decorations can be displayed before and after a holiday.
  • Location. Most community association rules limit placement. In neighborhoods of single-family houses, decorations are generally permitted on the exterior of the home and must be kept within the boundaries of the yard. Owners should ensure decorations do not blow into a neighbor’s yard. In attached condominiums, many associations limit or preclude holiday decorations in common areas such as hallways and doors. Most condominium bylaws contain a restriction that prohibits an owner from making a modification to the exterior of a unit without permission from the association.
  • Nuisance. Bylaws typically preclude homeowners from creating a “nuisance.” While this definition is somewhat subjective, it could include holiday lights that are too bright or Christmas music that is played loudly throughout the night. In most cases, common sense dictates what may be disruptive to neighbors.
  • Safety. Most bylaws or rules aim to prevent dangerous or hazardous activities. If your holiday display creates a fire hazard or attracts numerous visitors who park in the street and block access for emergency vehicles, you may run into issues with your association or the local municipality.

HOA rules are intended to protect the health, safety and welfare of the community; complying with the restrictions is mandatory. Homeowners who fail to do so may initially receive a warning from the association, but continued noncompliance could result in fines or a court injunction to have the decorations removed.

Homeowners who have an issue with the holiday-decorations rules should request a meeting with the board to ask if they can be revised. Board members should be receptive to reasonable input from owners and craft rules accordingly; most owners don’t want an Ebenezer Scrooge on the board.

Fair Housing Act implications may make some holiday rules unenforceable. Religious discrimination is illegal under the act. An HOA is not allowed to show preference to one religion over another. When drafting rules, associations should be careful to avoid using terms that refer to specific holidays such as Christmas, Hanukkah or Kwanzaa. Rather, the rules should apply to all “holiday decorations” or reference “holiday trees” to ensure the religious beliefs of certain owners are not given preferential treatment.

Before decorating your home, review the community association rules to determine what restrictions, if any, exist that would regulate holiday displays. It’s a good idea to contact the community manager or the board of directors for guidance. While the holidays are a time to celebrate, owners who fail to review their association’s rules may end up with coal in their stockings. by By Kevin M. Hirzel

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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!

Our schedule is filling up fast for storm drain cleanings, the rain that occurred this weekend was a preview of what most summers will look like for your HOA community.

Contact us to talk to a Stormwater Specialist today!

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

“Why does our HOA need a lake management company?”
Sometimes, aquatic management is viewed as a frivolous or unnecessary expense for a community. “My lake looks fine, why should I pay to have someone take care of it?”
Most people that live on lakes also see them differently than someone who maintains them. The difference is homeowners tend to look “at” the water, where as waterway managers look “in” the water. Too often people put off lake maintenance until they see a problem and weed populations have already become established.
As a property owner or property manager, it’s valuable to have a company that will respond to these unexpected outbreaks. Every lake matures differently, and it takes a combination of experience and expertise to maintain a healthy balance as changes occur.
Allstate Resource Management’s staff is always there to answer your questions and works to ensure excellent results in any lake management situation.

 

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Should Delinquent Owners Voting Rights Be Revoked?

Should Delinquent Owners Voting Rights Be Revoked?

  • Posted: Nov 04, 2024
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Should Delinquent Owners Voting Rights Be Revoked?

by Steve Walz

One of the thorniest issues to tackle in an HOA is homeowners in delinquency – not paying their dues or being significantly behind on dues payments. The community and owner dues are two sides of the same coin. The community canno maintain the grounds, amenities, or sidewalks without yearly owner dues. However, financial issues are a minefield of complications from family tragedy to cantankerous entitlement.

A challenging question arises: What should an HOA do if a homeowner refuses to pay their dues? Your options range from leveling fines to revoking voting rights. Many communities favor withdrawing voting rights – cutting off the privilege of community control that comes from being a contributing homeowner in the community. Any HOA considering this route should plan carefully to ensure this decision is legal, permitted, and potentially effective before putting it in place.

Is it Legal to Suspend Delinquent Owner Voting Rights?

Your state determines the legality of suspending voting rights in an HOA. Some states allow for the suspension of HOA voting rights for specific reasons or in general, but others prohibit the rest of any remaining owner voting rights. You will need to check the detailed laws regarding HOAs in your state. There may also be rules relating to HOA homeowner rights regarding delinquency and suspension of voting rights in your county and municipality.

Is it Permitted to Suspend Voting Rights Over Dues Delinquency?

The next question is whether your own HOA permits this policy. Next, check your governing documents and by-laws to determine if there are already policies regarding dues delinquency and when an owner’s voting rights can be permitted.

The legal language in HOA governing documents can vary widely. For example, according to some condo associations, all homeowners are subject to the same rules, which means no voting rights. On the other hand, some HOAs may define that an owner always has certain voting rights, like council elections. Still, you may be able to suspend lesser voting rights regarding community matters.

Can Suspending Voting Rights Effectively Resolve Delinquent Dues?

Finding a practical consequence for delinquent dues has always been a challenge for HOAs. The community can’t support many homeowners using the roads and amenities without paying into the infrastructure. Nevertheless, choosing the proper measures to achieve your goals is also imperative.

Considerations

  • If a homeowner never votes on anything, suspending their voting rights will not impact them in any way. Likewise, if the community votes on very little.
  • How can you fairly make exceptions for invested people experiencing financial hardship?
  • How can you protect against people who take advantage of safety net systems?
  • Never combine vote suspension and leveled fees  (not dues). This opens the door to corruption and the ability for the board to tax a homeowner out of being able to vote, then drive them from the community. If you revoke voting rights, this must only be for dues and not the total owed amount in fees.
  • You may revoke some – but not all – types of voting. Most HOAs take a few types of votes: meeting votes, election votes, special assessment votes, and so on. You may find selective vote limitations to be more effective – or permitted by your documents.
  • Prevent them from making changes, but don’t prevent them from self-advocation.

Other Potentially Effective Ways to Penalize Delinquent Dues

Suspending voting rights is a sticky proposition. Some homeowners won’t care, some will be devastated. This means it’s also worth considering a few alternatives or additional penalties that may drive homeowners to get right with their dues more effectively.

Denying Permit Approvals

  • Parking permits
  • Building permits

Refuse delinquent owners of any more permit approvals. No guest parking, and no home improvement projects. Guest parking is for people who are contributing to the neighborhood road and lot maintenance.

Denying Amenity Access

  • Pool access
  • Spa/Fitness room access
  • Clubhouse bookings
  • Sport court reservations

A first-time refusal to allow someone access to the pool due to their inability to maintain it can emphasize its importance. Consider denying non-paying homeowners something they will miss that their dues contribute to paying for if this type of solution is permitted in your state and governing documents. Your HOA gets to have sweet amenities because everyone pays in. Those who don’t, don’t. Also, this has a fair, lower impact on families experiencing financial hardship. However, they may need to use their voting rights to oppose special assessments they cannot pay or fight an oppressive fee structure.

When approaching the issue of HOA owners with delinquent dues, remember to create an adaptive and considerate system of response. Build a plan that equally accounts for the absent-minded, the scam artists, the family hardships, and the belligerent bullies. Whatever your solution, make it your central goal to resume regular dues for each property without causing or being subject to unnecessary loss.

 

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Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

  • Posted: Nov 04, 2024
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Everyone has something to say about the Boards Decisions, but not many want to become a board member!

When an owner approaches me to complain about the decisions of the board of directors at his or her association is;  The First Question I ask is- “did you attend the meeting that decision was made at?” The Second Question is- “have you considered running for the board so that you can be part of the decision-making process?” All too often the answer to both questions is no. If you want to understand why your board makes the decisions they make and possibly influence those decisions the best way to do this is to attend the board meetings and comment on items you have knowledge or concerns about on the agenda. Want to take part in the decision making, step up, and run for the board. – by Royale Management Services

 

The vast majority of business decisions are made in meetings. While small decisions are made in all kinds of meetings, the more important decisions often get their own dedicated meetings.

There are different types of group decision making processes, and care should be taken to choose a process that best matches the situation. A decision making process can include group activities like information gathering and sharing, brainstorming solutions, evaluating options, ranking preferences, and voting on the final options. Below are the most effective ways of running decision making meetings.

 

Primary Goals for Decision Making Meetings

Goals for a decision-oriented meeting can vary a little based on the type of decision being made, but they are always centered on coming to a consensus about a future plan. It is important to remember that the goal of these meetings also includes planning how to best execute the decision that has been made.

Make the best possible decision

If a decision making process is flawed and dysfunctional, the decisions will be bad.

By involving a group in making a decision you can rely on collective intelligence; knowledge beyond what is possible with individual decision makers. Because each participant has unique information and perspectives, combining group information leads to more informed decisions. However, it is important to use meetings designed specifically for group decisions efficiently, to not waste the group members’ time.
If all planning decisions were made by one person, not only would the choices be uninformed, there would also be little unity around team goals and direction.

Planning for execution

When individuals feel that their opinion has been considered in the group planning, they are more likely to embrace the decisions and work to carry out those goals.

Most discussions of decision making assume that only senior executives make decisions or that only senior executives’ decisions matter. This is a dangerous mistake.

Participatory decision making leads to increased team productivity and likelihood of goal execution, because team members feel ownership and responsibility for the decisions made.
Addressing both short term and long term goals at your decision making meetings is a great way to make sure team members leave with a direction and know the next steps. The short term plan can be as simple as outlining action items and assigning tasks. In the long term it could mean setting a timeline of general dates and milestones. Initial planning can be an effective way of aligning the group and cementing the decision that was made.

 

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Key Roles in Decision Making Meetings

The participants in decision making meetings may play different roles. Understanding the distinctions between these levels of involvement is a useful way of holding members accountable for their role in implementing decisions.

Meeting leader

In order to avoid getting off topic it is recommended that one person be in charge of guiding the direction of team negotiation. In addition, it can be helpful to use some elements of status update meetings in order to have meeting attendees present and be held accountable for research into the decision being made.

Those with authority to carry out the decisions

For decision making meetings it is particularly important to include all relevant persons with authority to carry out the decision. If decisions are made without including the relevant people, it can often be very challenging to implement the resulting decision.

In some cases, it can be useful to dedicate one leader of a team to be a representative for that group. Often, this job is given to someone in a senior position, but it can be fulfilled by anyone capable of accurately reporting information on behalf of a group. If this method is used, the representative should be prepared to report back to the team the consensus that was reached. Without this information exchange, the group unity that should have been a result of the group meeting is lost.

Note taker and process observer

Decision making meetings can often get derailed or become ineffective for a variety of reasons. To counter this, it can be helpful to include a note taker and process observer. These roles should be filled by people not directly involved in the decision so they are not biased toward any particular opinion. A note taker records what was suggested and decided throughout the meeting while a process observer records how those decisions were met. Incorporating these roles can lead to a lasting group understanding as well as ability to improve decision making meetings in the future.

 

Common Challenges in Decision Making Meetings

Making group decisions can be hard. Making good group decisions is even more challenging. However, good decisions is what can make or break your project or even your company or career. Being aware of the most common challenges in decision making meetings will move you closer to facilitating successful group decision making.

Incomplete information and narrow perspectives

An important aspect of collective decision making is to incorporate a broad spectrum of opinions and ideas, and through group collaboration converge these into a best possible solution. This process is easier said than done. Getting to a solution often involves dealing with a lot of conflicting agendas and opinions which are not easily resolved.

Identifying the best possible solutions

Another classic challenge of the decision making meeting is knowing what possible options are worth further consideration and discussion, and which options to discard early. Time is often wasted discussing possibilities that are not even among the most likely or best choices.

 

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How to Host a Successful Decision Making Meeting

Decision is the spark that ignites action. Until a decision is made, nothing happens.

A great decision making meeting effectively incorporates all participants, benefiting from the knowledge and experience they bring to the process. Giving all relevant parties the opportunity to participate in the decision making process increases the quality of the decision, adds to the collective understanding and support of the outcome, and ensures successful implementation.

Consider all relevant information

We want as much relevant information as possible to go into the group decision process. This means involving as many stakeholders as practically possible to provide input when it comes to defining the problem area, come up with possible solutions, and evaluate options.

Generate and evaluate possible solutions

Identify and agree on solution requirements before starting to brainstorm potential solutions. Then, invite to brainstorm solutions with an open mind, focusing on the issue rather than the person presenting the idea. Use the solution requirements to evaluate the various suggestions, identifying the top ideas for further consideration.

Get everyone on board

The secret of change is to focus all of your energy, not on fighting the old, but on building the new.

One of the most important aspects of decision meetings is to create unity around the decision that is created. When each participant feels their opinion has been fully considered as part of the decision making process they are more likely to feel ownership of the decision, even in cases when it is not the outcome they hoped for.

 

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Better Decision Making Meetings with Technology

Collaborative technologies today like Zoom and a good website where owners can read and voice their opinion on subjects that will impact them are being used to make group decision processes easier to manage, more efficient, produce better solutions, and improve execution of decisions.

 

Easily include and engage all key stakeholders for more complete information

Using smart device-based participation levels the playing field and provides an efficient way to share information and reach group consensus. The unruly nature of decision making meetings is easily structured with Zoom and a good Website for your association, because participants are presented with real-time visualizations and group opinions as the discussion moves forward.

 

Quickly tap into the group’s knowledge and expertise

Having participants use Zoom and a good Website for your association to evaluate options will help focus on the task at hand. Collecting decision preferences automatically, rather than manually, speeds up the process. Not only does that mean less time spent on interpreting where a group stands but it also allows for more people to be involved in the process at the same time.

For example, conducting a brainstorm with a large group of participants using whiteboards, flip charts, and post it notes can get messy. When people are contributing one by one it takes a considerable amount of time. The Zoom and a good Website for your association everyone can brainstorm, this activity lets group members submit ideas concurrently, via their own smart devices and computers making sure to accurately record and organize all inputs. This saves time for everyone involved, no matter how large the group is

 

Real-time visualizations of options and opinions focuses the discussion

Zoom and a good Website for your association are well suited to measure group opinions. In the case of an extended discussion it can be helpful to take multiple snapshots of opinions, as they can change over the course of the conversation. Taking a quick group poll, ranking, or evaluation after an initial conversation will clearly identify where the group feels their time is best spent. This allows the discussion to stay centered on the most important and relevant issues. The group will be able to use these baseline opinions as a jumping off point for focused conversation, establishing a common ground and sense of unity which will set the stage for successfully reaching a decision.

 

Engaged inclusion of stakeholders generates buy-in and better execution

Unfortunately, just organizing a group decision making meeting does not necessarily assure that each person in the room will leave feeling that they have been heard. Using Zoom and a good Website for your association ensures each person gets to contribute on an even scale. Because, participants can literally watch their voice be factored into the results. Playing an active part in the decision making process generates a sense of ownership and responsibility for the results, which in turn ensures active participation in carrying out the plan.

 

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Adding to this: COVID-19: Technology and Social Distancing by Becker Lawyers.

COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior. While we continue to learn more about the COVID-19 virus and how it is spread, we do know that limiting in-person interaction can greatly reduce risk. Modern technology is a powerful tool to help reduce the transmission of the virus and allow us all to continue with our normal community association business. The following are a few options to consider as your association works to reduce risk in your community.

Voting

A standard election or membership vote often involves voting on a paper ballot. In addition, other types of voting events also include meeting in person, either to cast a ballot or participate in an annual meeting. At this time, we don’t know exactly how long the virus lasts on surfaces, but experts do believe it can be transmitted by touching surfaces. While social distancing and other guidelines now require we limit group activities and avoid public gatherings, there are a number of technologies that allow voters to participate in elections and cast membership votes safely from the comfort of their own homes.

Online voting is a Florida approved option and is a powerful tool to ensure association members can easily participate without the risk of exposure to the virus from in-person meetings or via voting materials. If you have an upcoming election or other membership vote, consider adding online voting to your process to avoid the need for physical materials and in-person participation.

Association Documentation

Community associations are required to provide access to association documents in the form of document inspection requests, a common practice that is sure to continue even during these uncertain times. We expect COVID-19 to affect the normal course of business for at least the next few months, especially as we continue to avoid in-person meetings and handling physical materials.

Instead of requiring in-person document inspections, consider posting your association documentation to your community website. Community association website software offers tools to upload association documentation and share links via email. These tools also allow you to easily post all Florida required association materials to a password protected area of your association’s website, facilitating ease of access and satisfying document inspection requests. These tools are simple to use and are cost-effective methods to continue to support your membership while helping to stem the transmission of the COVID-19 virus.

Association Communication

As we have seen, communication during an uncertain time is crucial. Your community association website is an instrumental channel to quickly and effectively communicate with your association membership. By posting official notices on how your community is managing the outbreak, your website provides a quick and centralized mechanism to ensure your association is apprised of the latest information. We all rely on websites for information and entertainment, and we will likely spend more time online now that our out of home activities are limited. Take this opportunity to direct your membership to your association website for the latest community updates.

We are all facing the challenges COVID-19 has introduced. Social distancing, cancelled activities, and the overwhelming amount of information only adds to the stress of this evolving situation. Technology can be a powerful equalizer, enabling us to work together in safe conditions and keep lines of communication open to all.

 

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Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

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Top 10 Reasons Why Your Marketing Isn’t Working  By: Jessica Vail, Vail Marketing Solutions

Top 10 Reasons Why Your Marketing Isn’t Working By: Jessica Vail, Vail Marketing Solutions

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Top 10 Reasons Why Your Marketing Isn’t Working

By: Jessica Vail, Vail Marketing Solutions

Helping SFPMA Members with marketing. Call Vail today. Tell em, Frank Mari sent you. :)

It is always a great time to work on promoting your business and creating content that sets you apart as an industry leader.  Here is some helpful insight as to why your marketing initiatives may be falling short.

 

10- It is Swiss cheese.
Your marketing has holes and inconsistencies.  You start off strong and then you get so busy working “in your business” that you no longer have the time to “work on your business.” Marketing is not a one and done activity.  It is a long term investment of time and focus.  Marketing is only effective when you and your team are consistently executing it.

9- Lack of meaningful content
That’s great you want to celebrate “National Margarita Day” but when you are trying to build a business and connect with potential clients you want to always be providing value.  Otherwise, it is just white noise and another post clogging up the newsfeed or another email flooding their inbox.  You want to stand out, be informative and be memorable.  Now, if you are a bar or restaurant owner, having a marketing campaign focused on “National Margarita Day” providing margarita recipes and drink specials, that would be an excellent idea.

8- Not connecting with your target audience
This goes hand in hand with your content.  If you are producing meaningful, educational content that speaks to your industry; you will have a better chance at connecting and securing a relationship with your audience.  Think about what issues your client base is faced with and how you can provide information and solutions to these issues.  This will set you apart from your competitors as an expert in your field.

7- Not following up
Sales are often made on the 12th attempt to contact.  That means a whole lot of follow up is needed after your initial contact.  You have provided a service of preparing a cost estimate and service offering (proposal); your prospect at the very least owes you a response on whether or not they will be purchasing your product or service.  Wouldn’t you want to receive some feedback on your pricing and proposal even if you did not win the job?  An easy way to keep on top of your open items is to track in CRM system or simply setting follow up reminders on your calendar.
In addition, making contact with a prospect should be about building a relationship.  People work with people they like and trust.

6- Poor communication
Say what you mean and mean what you say.  Your messaging should be clear and consistent.  Every social media post or blog you create is another opportunity to connect and engage with your clients and potential clients.  Make it count!

And even if your content is good, if you are not interacting and responding to comments it makes you appear unresponsive and not engaged.  Especially if someone has a complaint it is vital to address and resolve as quickly as possible.

5-Too focused on selling rather than educating
Every piece of content you publish sounds like a paid advertisement for your company.  Yes, it is important for your target audience to know what you do but it is even more important to provide value and not just rattle off a list of services.  This means everything you publish should be informative and educational in nature.  Focus on the solutions you provide.

4-Your website stinks!
How can your clients find you if your website has poor SEO (Search Engine Optimization)?  SEO refers to how well your company shows up in a Google (or similar search engine) search.  If your website is optimized with the appropriate key words, your website will rank very well on a web search.

In addition, there is nothing more frustrating than trying to find information or a way to contact a company via outdated and overly crowded website.  Your website should be easy to navigate and constantly updated with news and fresh content.  It should also be interactive and provide opportunities to contact directly to request more information or a proposal.

3-Lack of social media strategy
“Social media doesn’t work.”  Social media only works if you do.  Another item that takes a little time and dedication.  Take the time to set up weekly or even daily posts that tie into the content you are creating.  Post or even share articles that are informative and relevant to your business and industry.  It doesn’t have to be complicated or elaborate, the idea here is to put yourself and your business out there as a reliable, credible source.

You should be engaging with your connections as much as you want them to engage with you.  A helpful tip:  not everyone sees a ‘like’ but everyone sees a ‘comment.’  Just by posting a simple comment on a connections post, you will get seen and boost engagement not to mention make your friends feel great for encouraging them!

2- You don’t have a plan.
“If you fail to plan, you plan to fail.”  It is imperative to have a plan and roadmap to help you reach where you are going.  Marketing should be a collection of well thought out initiatives attached to a timeline.

1-You don’t have measurable goals.
“If you can’t measure it, you can’t improve it.”  This applies to marketing as well.  How do you know if your marketing is working if you have no means to measure and track it?  There are a myriad of programs and Client Relationship Managers (CRM) available to help with this need.  Everything from your client information, open proposals to marketing endeavors and dollars can be tracked in an easy to use, cloud based database.

 


Vail Marketing Solutions

Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.

Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.

https://www.vailmarketingsolutions.com/

 

 

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