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The 411 on Roof Cleaning for Associations

Tuesday, January 19th, 2021 in Announcements, Condo, Contracts, HOA, Management, Property Maintenance, Safety, Technology, Vendors by FAN

As a board member, you may be wondering what roof cleaning methods are best for the roofs in your community and how often you should be cleaning them.

I recently spoke with Marcel Rosen, Owner and President of Fiddler Roof Cleaning. Marcel notes that one of the first things that you will notice when entering a community are dirty roofs. To maintain a good image, it is important to keep the roofs clean with the proper solutions.

There are various methods that a roof cleaning company can use to clean your community’s roofs; some are safer than others. Before selecting the roof cleaning contractor, make sure you understand what methods they will be using to clean the roofs and that they have all the proper safety protocols and insurance coverages that are necessary.

Fiddler Roof Cleaning offers two kinds of roof cleaning solutions depending on how dirty the roofs are and depending on the association’s budget. First, they offer a non-bleach, eco solution that can be applied from the ground or using ladders. This solution, called “Eco Roof,” should be applied every two years to maintain its efficacy. If the roof is too dirty, then a second option is available. This often requires the roof to be cleaned using a bleach solution applied roughly every three years. This process needs to be done from the roof.

Some roof cleaning companies may use pressure washing to clean the roofs, but this may cause unexpected damage. Power washing roofs at approximately 3000 psi can be too harsh on some roofs and lead to leakage. Additionally, many power washers have heavy hoses which when dragged along roof tiles, can chip and damage tiles. Many residents also prefer not to have workers on their rooftops.

Pricing is the second important factor when selecting a vendor. Depending on your Association’s budget, you may be inclined to stretch out the frequency of which the roofs are cleaned. However, by prolonging this time, you may end up having to use the power washing method, since the roofs may be too dirty. Various companies may provide long term contracts to maintain a fixed cleaning schedule. For example, Fiddler Roof Cleaning offers 2 to 3 cycle roof cleaning programs, where price remains the same throughout the period. This allows boards to maintain their scheduled roof cleaning budget costs and removes the need to constantly go out for bids.

Another consideration is the company’s insurance. Once an employee steps on the roof, they are considered a roofer to insurance companies. At that point, the insurance quadruples from power washer worker’s comp code (9014) to roofer worker’s comp code (5551). It is most important that the contractor you use has the proper insurance code to be covered.

You can get in touch with Marcel Rosen from Fiddler Roof at 561-732-9850.

by Diego Hernandez, Marketing Assistant, Campbell Property Management

Tags Association, Condo, Fiddler Roof Cleaning, Florida, HOA, Roof Cleaning, Safety No Comments »

Financial Screening of Purchasers: How Far Is Too Far?

Tuesday, January 12th, 2021 in Announcements, Condo, Contracts, HOA, Legal, Management, Staff, Uncategorized by FAN

A few months back a case came before the county court in the 20th Judicial Circuit for Collier County, wherein a prospective buyer challenged the validity of a board-adopted rule which required that all prospective buyers provide two years of tax returns with their application for ownership approval. This requirement was in addition to the background check and credit check that were also required. While this is only a county court case and, therefore, has no precedential value other than to the parties themselves, there are principles addressed of which associations and managers should be aware; even though many learned attorneys would opine that the conclusions of the court are legally flawed under the facts of the case and, if appealed, would likely be overturned. Nevertheless, there are still nuggets of knowledge that can be gleaned from this case.

In this case, Mech v. Crescent Beach Condominium Association, Inc., Case No. 19-SC-3498, decided June 2020, the purchaser, who was the plaintiff, was seeking to buy a unit at Crescent Beach Condominium for $400,000, which was to be paid in cash. The purchaser purportedly had a clean background and a credit score of 800. Nonetheless, the board required that, like all other prospective purchasers at the condominium, this purchaser needed to produce his tax returns in order for the association to approve the transfer. The purchaser refused to provide his tax returns and cited his good credit score and clean background as evidence enough for approval. Eventually, an impasse was reached, and the purchaser canceled the contract. Then he brought the county court lawsuit challenging the requirement. (Generally speaking, typically under current Florida law, the purchaser would not have legal standing to even bring the claim against the association; but it does not appear that this legal infirmity was raised by the association, which allowed the case to proceed.)

The purchaser challenged the rule, arguing that the rule was not within the scope of the association’s authority to adopt, nor did it reflect reasoned decision-making. (It is noteworthy to point out that, after the initiation of the lawsuit, the association amended its declaration of condominium to provide that the association may require tax returns in an application for approval of a sale. However, this is not relevant to the conclusions of the Court in this case since it occurred after the litigation was filed.)

The association argued that the tax returns are necessary because they provide more information than a credit report and could help ensure that the potential purchaser is “a good credit risk.” The Court, however, did not agree, calling the argument “nonsensical.” The Court goes on to identify what this judge considers to be the best indicator of a person’s financial history, and as a result, it is the only information the association is allowed to seek. (We note that this conclusion is also without a stated legal basis.)

In the final judgment, some might argue that the Court goes way beyond what proper judicial consideration and conclusions typically contain and indicates that she could find “NO justification for the invasive requirement that a full, or even partial, return would be required when, in fact, the board already requires a full background check and credit check.” While no legal support for the conclusion was provided, the Court held that the request for tax returns was invasive and unnecessary and that the requirement was “shocking.”

The Court objected to the blanket requirement that applied to every applicant regardless of the results of their background and credit checks. Had the tax returns only been required when an applicant’s credit history showed a history of financial instability or delinquencies, the rule may have been upheld by the Court. How-ever, the Court held that “to take a position that ‘every person’ who applies to be a member at [the association] is patently unreasonable and shall be stricken.” Lastly, also without a legal basis or ability, the Court ordered the association to strike all reference in its condominium documents which require potential purchasers to produce tax returns unless the association can show good cause to request the information.

A brief discussion regarding the adoption of rules and regulations is necessary to highlight lessons that can be learned from this case. Generally, both condominium and homeowners association governing documents will typically provide that the board of the directors has the authority to adopt rules and regulations for the community. While some governing documents may contain restrictions requiring a membership vote to approve new rules, it is common for the governing documents to provide the board with the authority to adopt rules and regulations. (Careful review of the documentary authority for each community is recommended as some may limit the rule-making authority to common areas only and not to the residential property within the community.)  Although the board is generally authorized to adopt rules and regulations, those rules and regulations must not conflict with any provision expressly set out in the governing documents or reasonably inferred from them, and they must be reasonable. (This should be contrasted with covenants recorded in the County’s official records, which may be unreasonable and still be legally enforceable under long-standing Florida case law.)

In Beachwood Villas Condominium v. Poor, et. al., a 1984 Fourth District Court of Appeal (4th DCA) case  in which several owners challenged rules enacted by their association’s board of directors, the Court noted that there could be two sources of use restrictions: (i) those set out in the declaration of condominium and (ii) those adopted by the board. As to the use restrictions set out in the declaration, the court held that such restrictions are “clothed with a very strong presumption of validity,” as initially provided in Hidden Harbor Estates v. Basso (a 1981 4th DCA case).

In examining board-adopted rules, the court first must determine whether the board acted within its scope of authority—in other words, whether the board had the express authority in the documents to adopt the rule in the first place. If the answer is “yes,” the second question to determine is whether the rule conflicts with an express provision of the governing documents or one that is reasonably inferred. (If the documents are silent on an issue, the inference is that it is unrestricted. Adopting a rule to restrict a topic that the declaration is otherwise silent about would conflict with the inferred unrestricted use and therefore be unenforceable.)  If these first two issues are found to exist, the court will then determine if the rule is reasonable. The board’s exercise of its reasonable business judgment in adopting a rule is generally upheld so long as the rule is not “violative of any constitutional restrictions and does not exceed any specific limitations set out in the statutes or condominium documents.”

In examining your own board-adopted rules, ask the following:

  • Did the board have the power to adopt the rule?
  • Is the rule in accord with with the declaration, articles of incorporation, or bylaws?
  • Is the rule reasonable under the circumstances? (While ultimately only a court can make this final determination, the board should use its best judgment, with assistance of its counsel, to reach this decision.)

If the answer to these three questions is “yes,” then the rule should be found to be valid and enforceable by the court upon an owner challenge.

Ultimately, what can be gleaned from Mech v. Crescent Beach Condominium Association Inc. is that even if the association acts reasonably when adopting rules and even when amending the declaration, a lower court judge can reach almost any decision it wishes. Had the provision at issue only required tax returns when the background or credit checks revealed that the prospective purchaser had a history of financial irresponsibility, the provision may have withstood judicial challenge by this particular judge. Additionally, had the provision requiring tax returns been set out in the declaration before the initiation of the lawsuit, the outcome may have been different under existing, well-established case law.

Bottom line, whenever the board is considering new rules, it is recommended that the board consult with the association’s legal counsel before adopting them.

(Reprinted with permission from the September 2020 edition of the Florida Community Association Journal)

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

Tags Association, Condo, Financial, Florida, HOA, Legal, Mech vs Crescent Beach Condo, Purchasing, Rembaum Association Roundup, Screening No Comments »

Americans are overwhelmingly satisfied with their HOAs, Condos and Co-Ops!

Monday, January 11th, 2021 in Announcements, Condo, HOA, Management, Property Maintenance, Self Management, Staff by FAN

A report from the 2020 Homeowner Satisfaction Survey by The Foundation for Community Association Research for CAI, indicates that Americans are overwhelmingly satisfied with their HOAs, Condos and Co-Ops.

Some fun facts:

  • 27% of the U.S. population resides in a community association.
  • Florida has over 48,500 community associations.
  • 61% of associations in Florida are Planned Communities (HOA, POA, PUD, etc.)
  • 36% of associations in Florida are Condominiums
  • 3% of associations in Florida are Cooperatives
  • Persons over 65+ is the fastest growing population.
  • Over 5.1% persons 55+ lives in condominiums.
  • 63% of residents rate their overall community association experience as positive and 22% rate the experience as neutral.
  • 9 out of 10 residents believe their governing documents protect and enhance their community and believe their governing board, for the most part, serves the best interests of the community.
  • 89% are on friendly terms with their governing boards.
  • 75% say that property managers provide value and support to their residents and association.

In addition, residents say the best aspects of living in an association are:

  • Attractiveness of community
  • Safety
  • Maintenance Free Living
  • Maintaining property values
  • Amenities
  • Comradery of other residents

For more fun facts, view The Community Association Fact Book by clicking here.

by Diana Quigley, Education and Change Management Manager, Campbell Property Management

Tags 2020, Association, CAI, Co-op, Condo, Fact book, Florida, Foundation of community association research, HOA, Homeowner Satisfaction Survey No Comments »

2021 Virtual HOA and Condo Board Certification Courses

Tuesday, December 29th, 2020 in Announcements, Condo, HOA, Legal by FAN

Do you have questions about community association law? Or, are you a new board member looking to attend an HOA or Condo Board Certification Course?

Listed below are 16 upcoming HOA and Condo Board Certification Courses in 2021. These courses are free, and DBPR approved. These courses are a board member’s guide to the statutes and rules governing associations in Florida and fulfill condominium and HOA board member state certification requirements. All of these courses will be conducted virtually.

Virtual HOA Board Member Certification Course Featuring Michael Kassower from Frank Weinberg Black – Wednesday, January 6, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Michael Kassower from Frank Weinberg Black – Wednesday, January 13, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Nicole R. Kurtz from Siegfried Rivera – Wednesday, January 20, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Nicole R. Kurtz from Siegfried Rivera – Wednesday, January 27, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Steve Braten from Rosenbaum PLLC – Wednesday, February 3, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Paula Marra from Rosenbaum PLLC – Wednesday, February 10, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Louis Caplan from Sachs Sax Caplan – Wednesday, February 17, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Louis Caplan from Sachs Sax Caplan – Wednesday, February 24, 2021 at 5:00 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Alessandra Stivelman and Carolina Sznajderman Shier from Eisinger Law – Wednesday, March 3, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Alessandra Stivelman and Carolina Sznajderman Shier from Eisinger Law – Wednesday, March 10, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Andrew Black from Kaye Bender Rembaum – Wednesday, March 24, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Allison Hertz from Kaye Bender Rembaum – Wednesday, March 31, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Liz Bonan from Ross Earle Bonan & Ensor – Wednesday, April 7, 2021 at 5:30 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Bill & Susan Raphan from Katzman Chandler – Wednesday, April 14, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual HOA Board Member Certification Course Featuring Bill & Susan Raphan from Katzman Chandler – Wednesday, April 21, 2021 at 12:00 PM. Click here to register and for additional information.

Virtual Condo Board Member Certification Course Featuring Robert Rubinstein from Becker – Wednesday, April 28, 2021 at 5:30 PM. Click here to register and for additional information.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Florida Condo Board Certification Course, Florida HOA Board Certification Course, Free DBPR Board Certification Courses No Comments »

Drones In Your Community

Wednesday, December 16th, 2020 in Announcements, Condo, Health, HOA, Legal, Safety, Staff, Technology, Uncategorized by FAN

The growing use of drones across the United States is leading to the adoption of new rules and restrictions by the federal government, state governments and community associations. Questions regarding safety, property damage and privacy are forcing community associations to establish clear parameters for their use by unit owners.

The FAA has already enacted regulations for their use by recreational users. They now require that drones must be properly registered and labeled with the registration number. They must only be flown below 400 feet and always within sight of the operator, and are banned from use near other aircraft and airports as well as groups of people, stadiums, sporting events, or emergency response efforts.

Due to privacy concerns, a Florida law states that drones with cameras cannot be used to record images of privately owned properties or of the owners, tenants or occupants in violation of their reasonable expectations of privacy without their written consent.

Adoption of Rules and Regulations for drones in your community could go a long way in addressing concerns and questions. Things to consider are:

  • Establishment of designated take-off/landing sites
  • Restriction of hours of use, i.e. only daylight hours, etc.
  • Penalties for violations of those rules and regulations
  • Clarifying that the Association is not liable for any property damage caused by the drones
  • Ensuring that if the user of the drone causes property damage, they are held liable.

You should also consult with your insurance consultant to confirm that the association is adequately insured with regard to the risks that may arise as a result of the use of drones.

by Diana Quigley, Education and Change Management Manager, Campbell Property Management

Tags Association, Condo, Drones, FAA, Florida, HOA, Regulation No Comments »

CYBER SECURITY: PASSWORDS – STAYING SECURE IN A DIGITAL AGE

Monday, December 14th, 2020 in Announcements, Condo, HOA, Legal, Safety, Self Management, Staff, Technology, Uncategorized, Vendors by FAN

These days we’re overloaded with online accounts that require credentials and memorizing them is impossible. While it may be tempting to reuse the same passwords across different accounts, this is not a safe solution.

Compromised passwords are a leading cause of data breaches and reusing passwords can increase the damage in what would otherwise have been a relatively small incident. Cybercriminals know that people reuse login credentials and often test compromised passwords on commonly used sites in order to  expand the number of accounts they can access. For instance, if you use the same password for your work email as you do for online shopping websites, a breach at one of those retailers can put your work email at risk. Reusing credentials is like giving away copies of a key that opens all your locks – you are putting your private data in the hands of the company with the weakest cyber security.

Before reusing a password consider all of the data that could be at risk, both personally and professionally.

HERE ARE SOME TIPS TO HELP KEEP YOUR INFORMATION SAFE

  • Use separate passwords for work and personal accounts.
  • Avoid words that can easily be guessed by attackers like “password” or “September2017,” or predictable keyboard combinations like “1234567,” “qwerty,” or “1q2w3e4r5t.”
  • Longer is stronger. Use passphrases rather than passwords. Passphrases could include several random words like “Highway owl purple elephant” or could be from a favorite song lyric or book.
  • Add complexity with capitalization or special characters. “Fido!sAnAwesomeDog” is a stronger password than your pet’s name.
  • Adding numbers or special characters at the end of a word does little to increase security, because they’re easy for software to guess.
  • Avoid words like your kids’ names that could be revealed by a few minutes of online research.
  • Answers to security questions are often easily found – your mother’s maiden name is public record – so pick another word to use whenever that question comes up.

by Lisa Elkan, Vice President, Alliance Association Bank

Tags Alliance Association Bank, Association, Condo, cybersecurity, Digital, Florida, HOA, Online, Passwords, secure No Comments »

Association Rules After Expiration of the Governor’s State of Emergency Order for COVID-19

Friday, December 11th, 2020 in Announcements, Condo, Health, HOA, Legal, Management, Safety, Self Management, Staff, Uncategorized by FAN

By the time you read this article, the governor’s declared state of emergency as related to the coronavirus may have reached an end. If not, well, hopefully it will soon enough due to significant diminution of the coronavirus. What then? What happens to the rules adopted by an association in an effort to combat the coronavirus? Can an association turn away guests of residents? Can the number of people allowed to use the amenities, such as the pool, be limited? Just how far can the board go in its efforts to create reasonable rules?

The emergency powers set out in §720.316 of the Homeowners’ Association Act, §718.1265 of the Condominium Act, and §719.128 of the Cooperative Act begin essentially the same. They each begin with the following phrase:

To the extent allowed by law and unless specifically prohibited by the declaration or other recorded document [or declaration of condominium, its articles or bylaws or cooperative documents, as the case may be], the articles, or the bylaws of an association, and consistent with the provisions of s. 617.0830, the board of administration, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the locale in which the association [or condominium or cooperative as the case may be]   is located, may, but is not required to, exercise the following powers:…

In addition, they each end essentially the same, too, as follows:

The special powers authorized under subsection (1) shall be limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and the unit owners’ family members, tenants, guests, agents, or invitees and shall be reasonably necessary to mitigate further damage and make emergency repairs.

Therefore, the emergency power legislation contemplates use of the emergency powers in response to damage caused by an event for which a state of emergency has been declared by the governor and for a reasonable amount of time after the state of emergency is over, as necessary. But, as related to the coronavirus, can the emergency powers still be relied upon at the conclusion of the governor’s declared state of emergency? It is undisputable that the emergency power legislation was drafted in response to hurricanes, where actual damage to buildings and other property occurred, and not for the epidemic of an unexpected deadly virus. But, at least this ever-important legislation lent its applicability to the coronavirus situation and was relied upon by boards and lawyers alike to allow association board members to approve rules in an effort to contain the coronavirus. In response to the virus, some association boards restricted realtor showings and construction work, limited or even prevented guests, and the list goes on and on. Often these rules were adopted with limited notice to the members, sometimes outside of properly noticed meetings (which, depending on the situation may have been, was permitted at the time pursuant to the statutory emergency powers, which still require providing reasonable notice under the circumstances). The further in time we are from the end of the declared state of emergency, the less the emergency powers legislation can be relied upon…most especially because they were drafted with a different type of emergency in mind.

Therefore, in order to ensure your community’s, by now likely revised and lessened, coronavirus rules and regulations remain valid and enforceable, it is important to review the basics. Board members have a fiduciary duty to their association members. That duty supports board-promulgated rules that promote the health, happiness, and peace of mind of the majority of the members. Thus, rules can be adopted for different reasons. At times, a rule may be necessary under the circumstances. For example, say the local health department issues a special bulletin regarding a significant rise in coronavirus within a very limited geographic region in which an association has membership consisting of aged members. Likely, that association may reasonably adopt more stringent rules than an association located in an area with very few cases.

Clearly, if an association is going to restrict vendor and guest access or the rights of the members to use amenities that they otherwise have a lawful right to use, then the board better be able to create the necessary nexus between the situation at hand and rule at issue.

Rules Must Be Reasonable

In Hidden Harbour Estates v. Norman, 309 So. 2d 180 (Fla 4th DCA 1975), unit owners challenged a board-adopted rule prohibiting the use of alcoholic beverages in certain areas of the common elements of the condominium. The trial court found the rule invalid, holding that rules must have some reasonable relationship to the protection of life, property, or the general welfare of the residents of the condominium to be valid and enforceable. The Fourth District Court of Appeal, however, held that the rule was valid because the rule was reasonable. The Court explained that there is a principle “inherent to the condominium concept” that each unit owner must give up a certain degree of freedom in a condominium in order to promote the health, happiness, and peace of mind of the majority of unit owners. The Court concluded that the test for the validity of a rule is reasonableness. An association is not permitted to adopt arbitrary or capricious rules that do not relate to the health, happiness, and enjoyment of the unit owners. However, if a rule is reasonable, the association is permitted to adopt it.

Rule Validity

In Hidden Harbour Estates v. Basso, 393 So. 2d 637 (Fla 4th DCA 1981), the association sought to enjoin unit owners from maintaining a shallow well on their property. The Fourth District Court of Appeal noted that there are two categories of use restrictions: (i) use restrictions set out in the declaration of condominium and (ii) rules adopted by the board or the refusal of the board to allow a certain use when the board has the authority to grant or deny such use. The Court concluded that use restrictions set out in the declaration are “clothed with a very strong presumption of validity” because unit owners purchase their unit knowing of and accepting the restrictions to be imposed. However, rules adopted by the board do not enjoy the strong presumption of validity and must be “reasonably related to the promotion of the health, happiness, and peace of mind of the unit owners.” In this case, the board articulated three reasons for refusing to allow the unit owners to install a well on their property. However, the Court held that the there was no evidence to support the association’s articulated reasons for denial, and therefore the association failed to demonstrate a reasonable relationship between the denial of the application and the objectives which the association argued the denial would achieve. Because the board’s denial was not reasonable, it was held invalid.

Rules Cannot Contravene Declaration or Rights Inferable Therefrom

In Beachwood Villas Condominium v. Poor, 448 So. 2d 1143 (Fla 4th DCA 1984), unit owners challenged two rules adopted by the board of directors of the association which regulated unit rentals and the occupancy of units by guests during the owner’s absence. The trial court held that the rules were invalid because they exceeded the scope of the board’s authority. However, the Fourth District Court of Appeal reversed the trial court and held that the rules were within the scope of the board’s authority. The Court looked to the decision in Hidden Harbour v. Basso, and the two sources of use restrictions: those set out in the declaration of condominium and those adopted by the board. The Court noted that board-adopted rules are reviewed first by determining whether the board acted within the scope of its authority and second, whether the rule reflects reasoned or arbitrary and capricious decision-making.

The Court determined that a board-adopted rule that does not contravene either an express provision of the declaration or a right reasonably inferable therefrom will be found valid. In other words, if the board has the authority to adopt the rule, and the rule does not conflict with the declaration or any right reasonably inferable from the declaration, the board is acting within the scope of its authority to adopt the rule. In this case, the unit owners did not challenge the reasonableness of the rules, so the Court ended its analysis with the question of the board’s authority to adopt the rule and did not move on to the reasonableness considerations discussed in Hidden Harbor v. Basso. As the rules adopted by the board did not contravene either an express provision of the declaration or any right inferable therefrom, the Court held that the rules were within the scope of the board’s authority, and were, therefore, valid.

Remember, when the board publishes an agenda which provides rules will be considered for adoption, that if the rule governs a member’s use of their property or unit then it requires a 14-day notice to all members. The notice must also be posted conspicuously on the property 14 days in advance of the meeting. Rules affecting the common area and common elements only require the typical 48- hour board meeting notice. Of course, your community’s governing documents may also have requirements regarding rule adoption, and if so, they likely should be adhered to as well. After board adoption the rules need to be sent out to the entire community. In addition, homeowners’ association rules should be recorded in the county’s official records, too.

It is a given that as society progresses to normal, rules that were needed yesterday can become outdated today. Be sure to be in touch with your association’s lawyer regarding the continuation of any previously adopted coronavirus restrictions and any proposed new rules prior to board adoption to help ensure their continued enforceability.

Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Certified Specialist in Condominium and Planned Development Law. He is the creator of ‘Rembaum’s Association Roundup’, an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations.  His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list and was also named Legal Elite by Florida Trends Magazine. He can be reached at 561-241-4462.

Tags Associations, community, Condo, coronavirus, Covid-19, emergency powers, Florida, HOA, Kaye Bender Rembaum, Rembaum Association Roundup, state of emergency No Comments »

How To Ensure Your Painting Project Is Watertight

Wednesday, December 9th, 2020 in Announcements, Condo, Contracts, Health, HOA, Property Maintenance, Staff, Uncategorized, Vendors by FAN

Does your association have a major painting project coming up? If so, you may be searching for painting contractors and manufacturers to complete your project.

I recently spoke with Marcel Rosen, Owner and President of RCI Painting. Having started the company on his own in 1987 as the only painter, the company has grown substantially and is now a well-known painting company in South Florida.

Many people tend to view painting as simply aesthetic projects. However, Marcel always points out to his customers that this is not the case, especially in South Florida. Heavy winds in tandem with rain causes “driving rain,” which can run itself into any cracks in structures. By applying paint, those cracks are essentially waterproofed by applying the compounds and coatings in and over them. Painting can also waterproof and prevent rotting in wood and delamination in stucco surfaces.

When choosing a paint manufacturer, you will find that most paint manufacturers are very competitive with each other. All top paint manufacturers will basically give you the same warranty and price on top of the line paints. No one company is necessarily better than the other, so your decision may just come down to the individual sales reps that you deal with.

When choosing a paint contractor, you will want to do some digging. First, check how long the company has been in business. You can find out their legal name by searching on Sunbiz to find out what year they were incorporated. Secondly, you should ask around for referrals, especially from surrounding communities in your area. Once you choose the contractor, it may be a good idea to have your attorney review the contract. Some contractors, such as RCI, do not require down payments and are only paid once the work has been completed and approved. This gives the association an added sense of security and keeps the contractors accountable.

During the project, make sure that your painting contractor is working with the paint manufacturer to review the work and get a written inspection report. By doing this, you ensure the work is being done properly and if there are any issues down the line, it will be easier to determine if the work was done properly. The association will be covered as well as the painting contractor.

Once the painting project is done, you can expect paint to last through the 7- or 8-year warranty offered by the manufacturer. There are some paints that offer a 10-year warranty, but since the warranty only covers the aesthetic aspect of the paint and not the waterproofing, it is not advisable to select a paint with 10-year warranty. It is best practice for communities to paint every 7 years, or every 6 years if the budget permits. For condominiums near the ocean, it is advisable to paint every 6 years.

You can get in touch with Marcel Rosen from RCI Painting at 561-737-3566.

by Diego Hernandez, Marketing Assistant, Campbell Property Management

Tags Associations, Condo, Contractor, Driving rain, HOA, Marcel Rosen, Painting, Project, RCI Painting, South Florida, waterproof, Watertight No Comments »

5 Keys to Effective Committees in HOAs and Condo Associations

Tuesday, November 10th, 2020 in Announcements, Condo, HOA, Management, Staff, Uncategorized by FAN

At Campbell, we gathered some of our best Property Managers to brainstorm and compile ideas on how to best conduct effective committees. Gathered from decades of Property management experience, they determined that these are 5 essential keys to effective committees:


Click here to view this Slideshare and others like it.

For more information on committees, click here. Or to read about 6 tools you can use to fine-tune your committees, click here.

Tags 5 Keys, Association, Committee, Condo, Effective, Florida, HOA, Slideshare No Comments »

Don’t let your guard down! Hurricane season doesn’t end until November 30.

Tuesday, November 3rd, 2020 in Announcements, Condo, Health, HOA, Hurricane, Technology, Uncategorized by FAN

Hurricane Eta made landfall today, Tuesday, November 3rd on Nicaragua’s eastern coast. The onset of this storm has tied the most named storms in the Atlantic Basin in recorded history.

As a property owner in South Florida, it is imperative to remain vigilant and prepared throughout the entirety of hurricane season. Hurricane season officially ends on the last day of November each year. Although unlikely, it is still possible for storms to form outside of hurricane season.

Eta will likely lose most of its intensity tracking over other land masses. However, there is still a chance that South Florida will be affected by the storm in some way. 

Below is a screenshot of the GFS model, bringing the eye west of Boca Raton on Sunday, November 8th at 5am. In addition, below is the more traditional cone forecast from NOAA as of Tuesday, November 3 at 12pm. The track and intensity of this storm will change each day, so please monitor closely.

By PJ Biondolillo, Unofficial Hurricane Tracker and Big Wave Seeking Surfer, Campbell Property Management

Tags Condo, Eta, Florida, GFS Model, HOA, Hurricane, November No Comments »

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