FAN's Featured Blog Post
10 Steps to a Successful Painting Project
posted by John Tight
June 27, 2013
When was the last time your community hired a painter or painting contractor?
Managing large-scale painting projects, such as condominiums or clubhouses, can be demanding for any community and painter. With that being said, the community or project manager will want to take the proper steps to ensure proper results and a successful project. Make sure to follow these 10 steps when tackling your large-scale painting project:
Read more for steps 4-10
Research and choose the paint manufacturer ahead of the painting contractor. Ask for references from trusted partners or industry experts for selecting the right manufacturer.
Work with the manufacturer to determine which paint best fits your community’s budget and is suited for the surfaces and conditions.
Ask trustworthy friends, neighbors, partners, colleagues and your management company for painting contractor referrals. Verify that the painter is licensed by the state of Florida by visiting https://www.myfloridalicense.com/wl11.asp. Make sure he or she has the proper license(s) and insurance.
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.
Listen Up! Top 5 Things Lawyers Wish Boards Knew
posted by Keith Loria, June 2013
While some condos and HOAs have a lawyer present on its board, the majority of boards don’t have a legal expert and often reach out to their lawyer to answer questions, vet documents, send the occasional stern letter to a contractor or recalcitrant resident, and handle any litigation that’s not avoidable by other means.
The problem is that sometimes the board will reach out a little too often and call attorneys about things that boards should already know, have nothing to do with the lawyer or are just the same questions that are asked over and over. Then there are those boards that don’t call their lawyers enough, trying to do things on their own that they shouldn’t be.
It depends on the lawyer and the lawyer/client relationship, but a competent lawyer needs to be prepared to give difficult advice to the board members if the actions are not in the best interest of the association.
Appellate Court Reverses Foreclosure Judgment for Lack of Proper Notice to Unit Owners by Association
posted by Laura Manning-Hudson, June 24, 2013
A decision earlier this month by the Third District Court of Appeal serves as a good lesson to community associations and their attorneys about the importance of working closely with their process servers to ensure that all of the statutory requirements for service or "constructive service" on unit owners in foreclosure actions are met. In the case of Castro v. Charter Club Inc., the appellate panel reversed a Final Judgment of Foreclosure finding that the search and inquiry performed by the Charter Club condominium association and its attorneys did not satisfy the constructive notice statute, its notice by publication was improper, and the foreclosure judgment against the homeowners was void and must be vacated. Read more
MIND YOUR OWN BUSINESS
posted by Eric Glazer, Esq., June 24, 2013
I have a confession to make. As I write this column, I may be breaking the law in my own community. I'm actually doing work while sitting in my home on the computer. Suppose my governing docs say however that my home can only be used for residential purposes and not for commercial purposes? Am I doomed? Do I need to worry about fines, or worse yet, a scary warning letter from one of those attorneys that practice association law? Read more
Condo association beats bank in million-dollar foreclosure battle
posted by Martha Brannigan, June 23, 2013
It is a condominium association’s version of winning the lotto. A big bank missed its deadline to file for foreclosure on a million-dollar condo unit by 10 days. As a result, Peninsula Condominium Association in Aventura will get to keep the condo — a fancy three-bedroom, three-bathroom bayfront pad that it took ownership of three years ago in its own foreclosure over $61,313 in unpaid fees. Read more
Handling Lawsuits: So You've Been Sued—Now What?
posted by Maggie Puniewska, June 2013
Lawsuits are usually not an association’s go-to method for dispute resolution. Expensive and time-consuming, they can quickly turn into a financial burden and may create strained relations in the community. Unfortunately, in some cases there’s no other way out. Last year a couple filed a suit against a neighbor, the association, individual board members, and property managers, who all neglected to respond to the couple’s complaint of odors infiltrating their unit, the result of 20 cats inhabiting the neighbor’s unit below. Read more
Annual Check-up for Community Associations
posted by Donna DiMaggio Berger, Esq., June 23, 2013
We are often told that, at a minimum, an annual physical is needed to ensure that we are in optimum health. The same school of thought holds true for a community association. Let things go untended for too long and you wind up with a community that is seriously out of whack.
What should your board do at least once a year to ensure your community stays on track? Read more
Poolside Security Cameras - Are They Right for Your Community?
posted by Adam W. Carls, June 21, 2013
With the month of June upon us, we are officially entering the summer months of 2013. For Floridians, that means children and adults alike will be heading outdoors to enjoy some sunshine, fun, and relaxation. For many condominium and homeowner association communities that also means busy season has arrived at the community pool. Unfortunately with increased traffic comes an increased potential for incidents or misbehavior on the common elements, common areas, or association property. To combat this potential risk, many associations ask what some of the implications are of installing cameras around the pool, clubhouse, and cabana areas to provide security, monitor activity, or discourage misbehavior or crime in these areas. There are certainly many aspects to consider before deciding to install such cameras... Read more
posted by Jan Bergemann, June 14, 2013
Latest since the continuing drought we all know that St. Augustine grass, the preferred lawn of community associations, is just a water-guzzler. And the Florida legislature reacted in 2009, when it added paragraph (4) to FS 720.3075 (Prohibited clauses in association documents). Together with FS 373.185 (Local Florida-friendly landscaping ordinances) these provisions in the statutes make it abundantly clear that owners have the right to implement Florida-friendly landscaping (FFL) – no matter what the governing documents of the association say. Read more
Service Animals – ADA & FHA Clarification
posted by Dan Tiernan
Seeing “service animals” and “assistance animals” out and about in communities is not an uncommon sight. However, in some communities, there is a “no pet rule.” Many people are wondering, “Are animals allowed in these communities?”
HUD, the United States Department of Housing and Urban Development, recently released a memorandum attempting to clarify confusion surrounding the difference between ADA’s, Americans with Disabilities Act, and FHA’s, Fair Housing Act, laws regarding service and assistance animals and their definitions. Read more
Do you have directors who are missing in action?
posted by Donna DiMaggio Berger, Esq., June 3, 2013
Recently, several blog readers have written in to discuss the issue of fellow directors going MIA (missing in action) from their board duties.
One reader mentioned that a director had attended just one of the previous 5 board meetings while another mentioned that a director had only ever attended board meetings telephonically and had never gotten to know her fellow directors in person.
In Florida, attending a board meeting by telephone is equivalent to attending in person. The law was changed some years ago to permit directors to attend meetings in this manner given how jam-packed our lives are these days. However, there is simply no substitute to sitting in the same room with your fellow directors and association members and undertaking the significant work of running a community. Read more
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