Industry News and Article

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.

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The National “Manager of the Year” Contest is open to professional Community Managers across the nation who are actively engaged in managing association-governed communities. Application deadline is November 15th. The contest has two categories: On-site Managers & Portfolio Managers. 

The 40-Year Recertification of Condominium Buildings in Miami-Dade and Broward

posted by ROBERTO C. BLANCH, October 31, 2012
As the cranes involved in our last building boom disappear from our skyline, making way for the appreciation of new buildings resulting from settling construction activity, attention is drawn to past construction booms in our region. Decay resulting from the element of time -- exacerbated by our proximity to the salty ocean air -- has proven to require attention to the structural maintenance of the buildings erected throughout the years in South Florida. Additionally, advances made in keeping building occupants safe result in the requirement to make electrical and life safety improvements to aging buildings. One of the tools implemented by local governments to ensure the safety of persons residing in multi-family condominium buildings is the 40-Year Recertification Process (the "40-Year Process"). This process... Read more

ELECTION TIME IS HERE

posted by Eric Glazer, Esq., October 22, 2012
Last week, I received an e-mail from someone who was complaining that her HOA was using the voting and election procedures required by the condominium statute, instead of the HOA statute.  In other words, using the Florida Statute 718 laws instead of Florida Statute 720.  She wanted to know if this was O.K., since the Board of Directors claims the condo statute is actually a higher standard.  As much as I wanted to write back that your Board is correct and smart, and that you should be happy they want to use the condo laws instead of the HOA laws, the problem is the HOA is stuck with the pitiful sham of election laws that currently exist under 720 and must use them. Read more

New ADA Regulations for Public Pools Do Not Apply to Private Pools at Most Condos, HOA Communities

posted by CARIDAD RUSCONI, October 16, 2012
In addition to several of our other community association attorneys, I have recently counseled some of our clients about the applicability of the new pool accessibility requirements under the Americans with Disabilities Act (ADA). The new ADA pool accessibility requirements apply to state and local government services as well as places of public accommodations (e.g., hotels, fitness centers, etc.), and they call for the provision of accessible means of entry and exit from pools. The Department of Justice recently extended the compliance deadline for existing pools to January 31, 2013. 

The new ADA pool accessibility requirements do not apply to most community associations... Read more

What You Need to Do to Get Ready for a Deposition - Part II

posted by Patrick C. Howell, Esq., October 16, 2012
Remember the following concepts and you will be a great witness:
1) You Cannot Win the Case at a Deposition.  Don’t set unreasonable expectations for yourself, and understand that the best thing that can happen at a deposition is that the attorney for the other side won’t use it at trial.   Resist the natural urge to tell your story and provide only the basics ( while still telling the truth). Depositions are formal, legal proceedings.  Be polite, but don’t make small talk.  If there is no question pending, don’t say anything.
2) Answer Only What is Asked. Read more to see 3-10

EVALUATE THE MANAGEMENT FIRM BEFORE YOU HIRE THE FIRM!

posted by Jan Bergemann, October 12, 2012
My two fellow bloggers described how to evaluate the manager already under contract in order to decide whether or not to renew the contract. That surely is important once you are dealing with a management firm. In my opinion that is often much too late, because many problems could have been avoided, if the board members had done their homework and checked out the firm before signing the contract.
Here is a list of red flags that should serve as a warning when checking out a new management firm:

• Make sure that the association money stays at a local bank. More and more management companies work with banks outside the state.
• Read more to see the full list

Condos and HOAs should be careful when creating occupancy restrictions

posted by Jean Winters, Esq., October 12, 2012
How many condos and HOAs contain covenants restricting the number of people that can reside in a unit/townhome or house? I have seen many. What is unclear is whether the drafters of these covenants checked the local municipality requirements for occupancy. If not, then there is a potential Fair Housing Act (FHA) violation.

Yesterday the Department of Justice (DOJ) filed a lawsuit in the Middle District of Florida against... Read more

The Contract is up for Renewal

posted by Darlys Walker, October 10, 2012
As a CAM, managing over 18,000 units and dealing with hundreds of Board members, we find one basic mistake continuously made! That mistake is, Failure to Communicate Poor Performance!

Often times a CAM or the CAM firm don’t know the Board is unhappy until it’s time to renew the Management contract and the CAM/FIRM is terminated! Certainly there are those occasions where the Board has repeatedly conveyed their unhappiness and the CAM has failed to step up to the plate.

Unfortunately, there are times where... Read more

Florida friendly landscaping and your association

posted by Gary Poliakoff, October 10, 2012
In 2009, the Florida Legislature dramatically modified an older law that was designed to encourage Florida-friendly landscaping in communities governed by homeowner associations.  Under Florida Statute section 373.185, “Florida-friendly landscaping” is defined as “quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant.”  Such landscaping is also sometimes called “xeriscaping”—the use of gardening and landscaping to naturally reduce the reliance of irrigation water.  As you can imagine, xeriscaping is an extremely active discipline in drought-laden areas of the country, such as Arizona, and our own repetitive winter drought conditions have increased interest in xeriscaping in Florida. Read more

Community Associations' Rights to Interview and Screen New Tenants, Buyers

posted by ROBERTO C. BLANCH, October 5, 2012
There seems to be a common misunderstanding by the directors of many community associations in Florida as to their rights to approve and screen individuals seeking to purchase or rent homes within their communities. An overwhelming number of board members seem to think that their associations have unfettered rights to interview, screen and either accept or reject prospective owners or tenants who are interested in purchasing or renting units within their community. Often times, these directors are disappointed to learn that Florida law and their association's governing documents are not as restrictive as they would like.
Read more

 

Campbell appreciates your recommendations:

Election season is over 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.
Feel free to email us at
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or have them visit us at
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