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Happy New Year 2013

Industry News and Articles

Keep in mind some of the articles are directed towards HOAs or Condos specifically, but most can be applied to all types of community associations.

Managing Association’s Accounts Payable (AP) Online Can Save Time & Money

AP ImageEvan Bradley, CFO at Campbell Property Management, discusses the benefits of managing an association's accounts payable online.

Does your Association’s Accounts Payable (AP) process use Paper or an Online Portal? 
As a board member, how much time do you spend dealing with the inconvenience of waiting for, sifting through, and dropping off packages of paper checks and vendor invoices? You can pay almost all of your personal bills online, so why not the bills for your association? Board members time is valuable and the job of approving bills and signing checks for payment is often tedious and the timing is inconvenient, but it doesn’t have to be that way. Online invoice approval is a proven technology that is common in large corporations and is now available for homeowner and condominium associations as well. 
 

Can Just The People Who Use Them Be Charged For Elevators?

posted by Joseph Adams, December 31, 2012
Question: Our condominium has two-story buildings, with private elevators for the second floor units. We are having a meeting to vote on designating these elevators as limited common elements, and making the cost responsibility for maintenance the responsibility of the second-floor owners only. Should all of the owners be able to vote, or only the affected second-floor units?

Does your Condo, Cooperative or HOA board count your money?

posted by Donna DiMaggio Berger, Esq.
December 31, 2012
A blog reader recently raised the issue of association boards who charge fees for certain community services but only against owners who, in the board’s estimation, “can afford it” while discounting or writing off those fees for others. While there is no reasonable debate that such a practice would be contrary to both the shared ownership statutes and most associations’ governing documents, the question made me ponder just how often volunteer boards engage in the typical exercise of trying to figure out who are the “haves and have nots” in a community.

Providing Electronic Notice for Meetings: Bylaw and Consent Requirements

posted by Adam W. Carls, Esq, December 26, 2012
Over the past decade, the use of e-mails and other electronic transmissions has become a mainstay of modern life.  Chances are, if you are reading this blog, you rely heavily, if not primarily, on your e-mail account for sending and receiving important personal and business communications.  The reasons behind this are clear – it’s convenient, fast, efficient, and, in most cases, free.  These happen to be very appealing qualities for community associations, as well.  Think of the potential savings that could be accomplished by sending an electronic notice for a Members Meeting in a large community, rather than printing out and mailing a copy to hundreds of members.  However, before you start compiling that “master contact list” and reallocating those saved dollars, there are some very important requirements that must be followed in order for your community association to take advantage of this procedure.

Do Community Associations Have the Authority to Tow Vehicles?

posted by Alan P. Gustafson, Jr., Esq., December 21, 2012
The authority to tow vehicles parked on property owned by an association is granted by Section 715.07(2), Florida Statutes (often referred to as the Towing Statute), which states in relevant part:
“The owner or lessee of real property"...
Read more

Year End Financial Reporting

posted by Eric Glazer, Esq.December 17, 2012
Every once in a while, despite it being a boring topic, we need to discuss portions of the law that if not followed, can get your association in big trouble.  Today is one of those days.  Heading into the final days of the fiscal year for most associations throughout the state is the perfect time to talk about the statutory requirement for both condominiums and homeowner associations to comply with the mandatory year-end financial reporting requirements. Both statutes state:

HOA Statute Now Restricts Delinquent Homeowners’ Service On The Board

posted by Joseph Adams, December 13, 2012
Question: In your column of January 16, 2011, you addressed two issues: (1) whether an owner who is past due in his assessments may serve on the board as a director; and (2) whether an association can suspend the voting rights of a member who is delinquent in the payment of assessments. My understanding is that the law changed after your column. Can you revisit these issues in light of the new law that was adopted after your column?
Read more

Clear Dog Policies Help to Avoid Disputes, Confusion for Community Associations

posted by Laura Manning-Hudson, December 10, 2012
Doggie disputes are a common issue for many owners and board members in South Florida condominium communities. In today's housing market, many people who were previously living in a single-family home are now finding themselves living in condominiums or deed-restricted communities with their pets. Subsequently, association boards are now facing more situations involving dogs and dog owners in their communities. However, by taking a new look at their policies concerning "man's best friend," associations can better serve their community by adopting policies specifically pertaining to the board's ability to quickly and fairly deal with any dog-related issues that may arise, including how to deal with what some have called "dangerous dogs."
Read more

Members Meetings and Board Meetings - Keep Them Separate

posted by Jennifer M. Sinclair, Esq. , December 10, 2012
Meetings are the means by which associations conduct official business.  Generally speaking, the two primary groups within an association that have authority to conduct business collectively on behalf of the association are the Board of Directors and the Members. These two groups have different powers and different roles within the association, and therefore must conduct their respective business functions at different meetings.

YOU WANT REFORM?  HERE IT COMES…
I HOPE

posted by Eric Glazer, Esq.December 10, 2012
You may recall that a few weeks ago I blogged about the fact that members in an HOA have far less protection than unit owners in a condominium.  With the help of Jan Bergemann from CCFJ www.ccfj.net, and our lobbyist, I drafted legislation that would help HOA members throughout Florida.  Here are the specifics of the first bill we are filing:
Read more

Governing Documents Dictate Who Makes Repairs to Limited Common Elements

posted by Joseph Adams, December 5, 2012
Question: One of the unit owners in our condominium asked the association to repair the rusted screws on the metal frame of her lanai. The board’s reply was that this was the owner’s responsibility, not the association’s. I was always of the understanding that any part of the originally-constructed building is the board’s responsibility as provided in Section 718.111. What do you think?

Campbell appreciates your recommendations:

Thanks.Election season is approaching quickly for most of the community associations in South Florida. Change often follows elections in communities. If you hear about neighbors that are considering a change in their Property Management and think Campbell might be a good fit, please let us know. Recommendations from our clients and partners are what have enabled us to grow and improve over our 59+ years in business.
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January Calendar

Upcoming Events


1/09
Homeowner Hassles: A HO Board Members Guide
11am - 1pm, KGB
5297 West Copans Road
Margate, FL 33063

1/10
Contracts
9:30 - 11amBecker & Poliakoff
3111 Stirling Road
Fort Lauderdale, FL

1/11
Broward Coalition Meeting
11am, Sunrise Lakes Ph. 1 Clubhouse
8100 Sunrise Lakes Dr. North
Sunrise, FL 33322

1/16
COBWRA Delegates Meeting
9:30-10:30am, Valencia Reserve
9288 Lake Royal Rd
Boynton Beach, FL 33473

1/16
Board Member Basics
11am - 1pm, KGB
5297 West Copans Road
Margate, FL 33063

1/17
Guide to Understanding and Responding to Requests for Emotional Support Animals
10:30am - 12pm, KGB
5297 West Copans Road
Margate, FL 33063

1/17
Condo Board Certification Course
- 7pm, Becker & Poliakoff
Bank of America Centre
625 N Flagler Drive 7th Floor
West Palm Beach, FL 33401

1/23
"Condominium Dollars and Sense"
11am - 1pmKGB
5297 West Copans Road
Margate, FL 33063

1/23
Condo Board Certification Course
9:30am - 12:30pm
Becker & Poliakoff
Bank of America Centre
625 N Flagler Drive 7th Floor
West Palm Beach, FL 33401

1/24
Condo Board Certification Course
4 - 7pmBecker & Poliakoff
3111 Stirling Road
Fort Lauderdale, FL

01/30
"40 Year Building Safety Inspection and Recertification Program"
11am - 1pmKGB
5297 West Copans Road
Margate, FL 33063
sprinklers

January Tips

Keith's Corner: Landscaping
Hello to all the good folks in South Florida! This is the time of year that we start our dry season. We all must keep an eye on our flowers, shrubs, trees, and turf. If you see signs of wilting or turf turning brown, give a little extra water. Most irrigation systems will allow you to put a second program on to supplement your approved watering schedule. Remember also that with the cooler weather you will experience leaf drop, discoloration of shrubs, and a brown tint to your turf. This is all normal.

Last night I lay in bed and looked up at the beautiful stars in the sky, and I thought to myself, WHERE IS THE CEILING?   

Keith CarracherPresident
CPM Keith

Complete Property Maintenance, Inc.
Corporate Office (954) 973-3333
Jupiter Office (561) 744-3333
Fax (954) 979-1424
CPM
 
Condo Council

Condo Council offers answers for Board Member Questions

The Condo Council is a South Florida organization that provides a wealth of resources to help Board Members deal with everyday issues. The Condo Council hosts a website with valuable, member-only information and also hosts periodic luncheons where key issues are discussed and best practices are reviewed. Previous luncheon topics have included: foreclosures, rentals, emergency response plans, the key factors in selecting a property manager, and many more.

Florida Association Radio Shows

Free Radio Stations Covering HOA & Condo Issues

* Condo Craze & HOA broadcastairs every Sunday at noon on WFTL, 850 AM radio in Ft. Lauderdale, Miami, & West Palm Beach. http://www.condocrazeandhoas.com/ & http://www.850wftl.com/

* Condo Solutions: airs every Monday morning from 9:05 a.m. to 10:00 a.m. on WSTU, 1450 AM radio in Stuart, Florida. http://www.wstu1450.com/

*Straight Talk on Condos and HOAs: airs every Sunday at noon WIOD, 610 AM radio in Ft. Lauderdale, Miami, & West Palm Beach.
http://www.610wiod.com/main.html &
http://www.siegfriedlaw.com/lawyer-attorney-1685201.html
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