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August 2012
Community Association Newsletter
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News, Legal Updates, Events, & Educational Resources
brought to you by  Campbell Property Management

Hope everyone is enjoying summer!

Beach Fun

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.

Want to pass the baton? Seeking out and engaging new community association leaders.

by Donna DiMaggio Berger, Esq. July 30th, 2012
Perhaps you’re tired of seeing the same old faces sitting up at the front of the room at board and membership meetings. Maybe you own one of those faces and are tired of being up there, waiting for reinforcements to come in. We all recognize that an infusion of new energy, ideas and talent can stimulate any organization whether it’s a business, a sports team or even a community association. The real question is: How do you attract that new talent?

If we are talking about a business or a sports team, the answer is easy: recruit them with a lucrative offer. That is not an option for community associations seeking to get new talent on their boards so communities must be a little more creative when trying to get folks involved.
The first step is to speak to the next generation in a manner that appeals to them. If your board is looking to pass the baton, you should be making your roles look attractive to that busy mom or energetic new owner. First, are you reaching out to them in... Read more 

The Mailbox Rule — What condos and HOAs should know

Posted by: Jean Winters, Esq., July 27th, 2012
One of the first things taught in contract law is “the mailbox rule.” Acceptance of a contract is effective when it is mailed, absent a contractual agreement otherwise. Mailing can be shown by a number of ways, including a postmark or certified mail. In this context, it is the date of the mailing that is important – not the time that it is received.

A similar rule applies in association law. By statute, condo and HOA owners are entitled to a notice of the association’s intent to lien and foreclose for assessments, before the association takes further action. The ‘effective date’ of the notice is defined by statute as the date of mailing — not the date of receipt. For condos, this is found in F.S. 718.121 (4) Read more

Part II: Cultivating New Community Association Leaders

by Donna DiMaggio Berger, Esq. July 24th, 2012
In the first part of this series, I left you with a question of whether or not your current association VP would
step into the shoes of a departing President. The answer was a resounding "NO".  Other than general malaise, what would be the reasons for such reluctance? Is it because the office is seen as a thankless position; the office requires too much time or would subject the holder to criticism; or the VP does not feel he or she has the support of the board?

In Florida and many other states, association directors cannot typically be compensated for their service on the board which means a community must make the "job" enticing for other reasons.

Why would someone want to serve in a leadership role in a community association? Read more

Don't Pay Twice for that Construction Project

Posted by ROBERTO C. Blanch, July 24, 2012
Many individuals or associations have been victimized by unscrupulous contractors. These experiences include defective work resulting in costly disputes with contractors and efforts to correct deficiencies; contractors abandoning jobs; and the filing of liens on the owners' property, despite payment for such services or goods having been made to the contractor. A basic understanding of construction lien laws may minimize exposure to the problems described above. Chapter 713, Florida Statutes (the "Construction Lien Laws"), provides protection to owners engaging contractors to perform work on their property, and it protects contractors, their subcontractors, suppliers and other professionals to ensure that they are paid for their services.

Under this law, lienors have the right to record a lien against real property if they are not paid for services... Read more

Cultivating new community association leaders: Part I

by Donna DiMaggio Berger, Esq. July 23rd, 2012
I was asked to give a presentation this last weekend at the City of Orlando’s Community Conference. The topic I was asked to speak about was Cultivating New Organization Leaders.

My initial reaction upon hearing the topic was “come again”; after all, when we think of leaders, community associations are not the first entities that come to mind. Most of us can name at least a handful of military leaders throughout history, a few business leaders and some political leaders. However, do any names of community association leaders come readily to mind? When you think about it though, the same kind of leadership skills that apply to the military, business and politics would serve our communities well. Read more


Attorneys and CAMS overcharging on late fees and interest

Posted by Jean Winters, Esq., July 13th, 2012
On July 3, 2012, the Daily Business Review published a story on a proposed class action lawsuit, that alleges a local association law firm routinely overcharges owners for interest and other fees in lien and foreclosure actions at a number of different condominiums.

The law is very clear as to what can be charged for administrative late fees and interest, on late assessments. Both the condo and HOA statutes establish a ceiling, not a floor – that is, they provide a maximum that may be charged, depending on what the governing documents provide.

HOA and condo statutes are similar, so I will quote the HOA statute.

ADMINISTRATIVE LATE FEES
F.S. 720.3085 (3)(a) states as follows... Read more

Under what circumstances must a condominium election be voided and redone?

Posted by Gary Poliakoff, July 11, 2012
On or about December 18, 1992, a condominium association mailed its first notice of the 1993 annual meeting, indicating that the meeting would be held on Saturday, February 20, 1993. On January 19, 1993, the association sent the second notice of meeting. The notice contained a new date for the meeting- Tuesday, February 18, 1993. The second notice listed nine candidates, with instructions to vote for up to six. Subsequent to the notice being mailed, one of the candidates advised the manager that her name was listed in error and requested that her name be withdrawn from the ballot... Read more
 

Name 4 Things Community Leaders Should Know in Order to Effectively Manage Delinquencies

Posted by Lisa Magill, July 5th, 2012
4 Things You Should Know to Control Delinquencies in Your Community
Having trouble collecting assessments? It is a pervasive problem, but there are ways to stem your association’s shortfalls and keep your operating budget on track. 
1) The Law - Do you understand the association’s rights and obligations?
2) Available Options - Are you aware of various strategies available to your association to recover its losses?
3) Your Governing Documents - Do your governing documents potentially hinder you? What can you do to remove impediments and make the foreclosure process easier?
4) Your Community - How can you customize a recovery plan that meets your association’s needs?

How to handle that nuisance neighbor

Posted by: Chapnick Community Association Law, P.A. July 3rd, 2012 
The neighbor across the lake from your home is practicing her golf swing and your backyard is littered with golf balls. Some have come too close for comfort, threatening to pop a hole in the screened-in patio.

Another neighbor complains about the barking dog left out in the backyard next door. Meantime, friends living in a high-end condo complain about the stench of garlic coming from a nearby unit.

Nuisances are not uncommon since many of those living in homes regulated by associations live in such close proximity to each other. Because homeowner and condo associations can’t lay out in their bylaws every scenario that might come up, most have an anti-nuisance covenant designed to cover such instances. Generally speaking, such covenants prohibit any practice that interferes with the peaceful possession and proper use of the property by its resident. Clearly a bunch of golf balls aimed at a neighbor’s patio are a nuisance.

While barking dogs and cooking smells are some of the more common nuisances, many HOA and condo association attorneys have more than a few interesting stories to tell... Read more

 

Campbell appreciates your recommendations:

Thanks.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
sales@campbellproperty.com
or have them visit us at

www.campbellpropertymanagement.com/requestquote


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August 2012 Calendar


Events & Classes

8/6
COBWRA Evening Meeting
"Meet the Candidates Forum"
6:30PM, Valencia Shores
7751 Valencia Shores Dr.
Lake Worth, FL

RSVP details

8/15
COBWRA Delegate Meeting
9:30AM, Platina
9640 Platina Avenue 
Boynton Beach, FL 

8/22
Law Offices of Katzman Garfinkel & Berger
Condo Board Member Certification Class
10:00AM-12:00PM
5297 West Copans Road
Margate, FL 33063
Click for more information - RSVP required

8/24
CAI Gold Coast Chapter Annual Outlook

Free Classes and Networking
1:00-8:00PM

Palm Beach County Convention Center

West Palm Beach, FL
RSVP at http://caigoldcoast.eventbrite.com/

8/28
CAI Southeast Florida Chapter
Hot Topic! Hot Breakfast!
7:30-9:30AM, Jacaranda Country Club
Plantation, FL

Florida Hurricane


August Tips:

Hurricane Tip:
Here are some of the most critical supplies to have on hand, well before a hurricane threatens:
  • At least a 3-day and preferably a 7-day supply of water (one gallon per person per day)
  • Non-perishable food
  • Formula, diapers, and other baby supplies
  • Manual can opener
  • First aid kit
  • Prescription and non-prescription medicines
  • Toiletries
  • Cell phones and battery-powered cell phone chargers
  • Battery-powered radios and flashlights
  • Plenty of batteries
  • Extra cash
  • Blankets, sleeping bags, books, and games (especially if evacuating)
Link to original article

Keith's Corner: Landscaping
Hi to all the good folks in south Florida!
There has been a lot of concern regarding the spiral white fly. It hosts many different species of palms, trees, & shrubs. It produces honeydew, a sugary substance that can make a real sticky mess. There are two ways to treat this infestation. You can root drench using Zylam / Safari. This procedure takes between 10 to 30 days to work into the root system. The second procedure is the Arborjet system. This service provides a longer residual, fast reaction between 2 & 5 days, all product being directly injected and no waste. Visit arborjet.com/whitefly to learn more about it.  CPM’s staff has been trained by the Arborjet suppliers to provide this service. It works great on coconut palms. Call us for any of your horticultural needs.

Keith Carracher, President
CPM Keith

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

 
We Listen


You Asked and We Listened:

A number of readers asked for a printable version of the newsletter. We have listened and are now happy to announce there is a printable PDF version of the email. Just click to download it, print it,  and then share it.

Let us know if you have any other requests. 
Condo Council

Condo Council offers answers for Board Member Questions


A new organization was recently launched in the State of Florida to provide a complete resource of information that will help Board Members deal with everyday issues. This organization is called The Condo Council. 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. The first member luncheon was held on Saturday, May 19th at Wynmoor in Coconut Creek. Over 150 Board Members from dozens of local communities attended and covered a variety of topics that are impacting associations including: foreclosures, rentals, emergency response plans, and the key factors in selecting a property manager.

Sheriff's Office Broward County

 

Broward Sherriff's Office
Community Projects

8/11
Shred-a-Thon & Operation Medicine Cabinet
9:00AM-12:00PM

Miramar Town Center
Miramar, FL
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