Find more resources at Campbell's new website
Campbell Property Management has launched our new website at www.campbellpropertymanagement.com
. We have added a free resource section for all community associations to access. The Resources page
has links to Florida association news, case studies, white papers, articles, Florida statutes, book recommendations, and more. We will continue to add more content and hope you enjoy.
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.
Association Meetings: Motion Probably Out Of Order
posted by Joseph Adams, January 29, 2013
At the recent annual meeting of our homeowners’ association, a member got up during the discussion part of the meeting and made a motion. He moved that the association form a finance committee to look over the association’s financial matters. Before the motion received a second, the president said the board does not want any more committees, and ruled him out of order. Was this correct? Read more
Has your Condo or HOA board been enforcing phantom rules?
posted by Donna DiMaggio Berger, Esq.
January 28, 2013
We often hear of boards enforcing a variety of rules restricting pets, leasing, guests, commercial vehicles and more. Many times these restrictions are proper and the board is within its rights to enforce them. However, sometimes it is discovered that a long-standing restriction doesn’t really exist. How does it happen that some boards are enforcing phantom rules? When association boards are elected, sometimes the new directors do not review the governing documents with care (or even at all) and rely, instead, on longstanding patterns of practice by previous boards. Some directors are astonished to discover that the new purchaser approval language doesn’t mention at all a requirement for a personal interview despite the fact that they were themselves subjected to an interview when they moved in. Read more
Mediation and the role of mediators in Florida association disputes
posted by Jean Winters, Esq., January 25, 2013
In my practice, I have noticed that association boards and owners often do not understand the purpose of mediation or the role of a mediator. A definition of mediation might be helpful as well as a discussion of the role of a mediator (and what to look for when choosing a mediator).
Florida mediators are governed by statute, and the Florida Rules for Certified and Court Appointed Mediators which define Mediator Standards of Conduct.
Condo Cannot Collect Past Due Amounts from Investor After Foreclosure
posted by Lisa Magill, January 23, 2013
Association becomes liable for past due assessments upon acquisition of title. According to Bankrate.com., in 2012 it took an average of 382 days for a lender to complete a mortgage foreclosure in the United States. However, that statistic includes states with the non-judicial foreclosure procedures and states that have very few foreclosures. Florida is not one of those states. In Florida it reportedly takes an average of 858 days for a lender to complete a foreclosure. That’s right – more than two years from start to finish, sometimes even longer.
So a Receiver was appointed for your community, does this mean the end of your troubles?
posted by Donna DiMaggio Berger, Esq.
January 21, 2013
For some folks, the mention of a receiver sends chills down their spines while for others it signals salvation for a community with troubles. Typically, in a community association setting, a receiver would be appointed when the following occurs:
No one wishes to serve on the board or a board refuses to fill vacancies sufficient to constitute a quorum;
The board is unwilling or unable to act in the aftermath of a natural disaster or just as a result of dysfunction and the community’s assets are being wasted as a result;
More on the FDCPA: Are Florida associations subject to the Act?
posted by Jean Winters, Esq., January 18, 2013
I have received a few questions and comments regarding my blog on January 11, regarding the Eleventh Circuit decision Harris v. Liberty Community Management, Inc. . There, the Court addressed whether CAMS are “debt collectors” under the Fair Debt Collection Practices Act (FDCPA). The Court held that CAMs were not, but in arriving at its decision, relied on Georgia law regarding the definition of “fiduciary obligation.”
Some have questioned whether the Eleventh circuit decision is binding on Florida courts. In general, the answer is no only because the ruling relied on Georgia law. However, Florida law is similar to Georgia’s in defining “fiduciary obligation.” Read more
A Messy Situation - Who Will Clean it Up and Fix My Unit?
posted by Paul T. Hinckley, Esq., January 17, 2013
You’ve just returned from vacation and opened your front door to discover two inches of black sludge covering your condominium unit’s floor. It’s a foul, nasty mess, and we’re not talking about the sewer backup, we’re talking about the dispute over who is going to clean it up and repair the damage to your unit.
Sewer backups and water leaks in condominiums are, unfortunately, a reality, and determining responsibility for performing repairs and for paying the cost of repair can be downright confusing.
Staggered Terms for Condominium Board Members
posted by Elizabeth A. Lanham-Patrie, Esq.
January 10, 2013
Are you a member or director of a Condominium Association? If so, do you have staggered terms for your board members? If your Condominium Association has staggered terms, then it must make sure that it has complied with Section 718.112(2)(d), Florida Statutes, which was originally amended in 2008 to require either an amendment to the bylaws to establish 2-year terms or a vote of the majority of the total voting interests of the Condominium. With the passage of this law, staggered 3-year terms for directors are no longer permitted. Instead, board members can only be elected to a 1-year term, unless the Condominium Association amends its bylaws to permit 2-year staggered terms.
Should HOA and Co Op board members be certified?
posted by Susan Raphan, January 3, 2013
Several years ago the Florida legislature amended Florida Statute 718 (The Condominium Act) as follows:
Florida Statute 718.112 (2) (d) 4. b.
Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability;
New Bills Filed for 2013 Session – CALL Alert for January 2, 2013
posted by Yeline Goin, January 2, 2013
The 2013 Legislative Session does not begin until March 5, 2013, but there are already a number of bills filed and in the works that will impact community associations.
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