Florida Association News Blog

There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants to be responsible for death or injury caused by an incident that can be minimized with necessary precautions. How should the board of directors of a “high-rise” condominium balance the needs for fire safety against the considerable expense incurred in the implementation and installation of fire safety systems?

A high-rise building is a building where an occupiable floor is greater than seventy-five feet (75’) above the lowest level of fire department vehicle access. Pursuant to Florida law, condominiums that are considered high-rise buildings are required to have, or otherwise install, a fire sprinkler system, unless the condominium association had previously opted out, or is otherwise exempt, as further addressed below, by following the proper statutory protocol for which the deadline to do so has long since passed. However, for those high-rise condominiums that did successfully opt out, the association is still responsible for the installation of an Engineered Life Safety System (the “ELSS”).

A caveat, and for some condominium associations, a blessing, is that the fire sprinkler system (or ELSS) is not required if every unit in the condominium has exterior walkway access. Therefore, if the only access into the condominium unit is through an interior hallway, the condominium association would need to install a fire sprinkler system (or have already opted out and thereby need to comply with the requirements of the ELSS).

Section 718.112(2)(l), Florida Statutes, is quite clear on the requirements to install a fire sprinkler system, but the statute does not address the condominium association’s requirements for the implementation of the ELSS – that comes from the Florida Fire Prevention Code (the “FFPC”). The FFPC defines an ELSS as a system which contains any or all of the following systems:
1) partial automatic sprinkler protection,
2) smoke detection alarms,
3) smoke control,
4) compartmentation, and/or
5) other approved lifesaving systems.

An ELSS must be developed by a registered professional engineer experienced in fire and life safety system design and authorized by the local compliance authority. Typical examples of ELSS within a high-rise condominium building could be a partial fire sprinkler system that serves the common areas, fire and smoke alarms that are in compliance with the local fire authority standards, and fire proof walls, floors and corridors designed to prevent the flow of the fire and smoke throughout the condominium building.

As to any high-rise building required to install the automatic fire sprinkler system that did not opt out, the FFPC requires that any condominium that meets the definition of a high-rise building, must, by December 31, 2019, have installed the automatic fire sprinkler system. As to those who opted out, the exact date for ELSS compliance is anything but clear. The Condominium Act does not provide a date, and while the FFPC provides a clear deadline for the installation of the automatic fire sprinkler system, the FFPC does not patently provide a similar date for the installation of the ELSS. Some lawyers and fire safety professionals take the position that, because the ELSS is a substitute for the automatic fire sprinkler system, December 31, 2019 is, therefore, the ELSS compliance date. However, others may take the position that the lack of patent clarity in the FFPC means no deadline is provided.

Whether the local fire safety authorities will actually interpret and enforce the Florida Fire Prevention Code to require an ELSS approved plan, or ELSS completed installation by December 31, 2019 or even still, take the position that no ELSS deadline is provided at all is anyone’s guess. The answers might even vary by jurisdiction. What is clear is that:

1) The Florida legislature needs to address the ELSS compliance deadline to provide clarity for the betterment and safety of all of Florida’s high-rise communities; and

2) Any board member of a high-rise condominium association with questions regarding any of the issues addressed herein needs to consult with both their association’s legal counsel and with the local fire safety officials with jurisdiction for enforcement of the ELSS.

Jeffrey Rembaum, 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. He is a regular columnist for The Condo News, a biweekly publication and was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

Tags ELSS, Engineered Life Safety System, Fire Sprinkler, Florida Condominium, High rise, Legal, Rembaum Association Roundup, Requirements, Safety No Comments »

While gasoline powered vehicles are still dominant on Florida’s roads, the ever-growing presence of electric vehicles cannot be ignored. The number of electric vehicles on our highways and streets continue to climb as they become more and more affordable. As consumers continue to embrace a greener lifestyle, Florida’s lawmakers have paved the way for condominium unit owners’ need to have access to electric vehicle charging stations. Effective July 1, 2018, new legislation, section 718.113(8) of the Florida Statutes, became effective which facilitates a unit owner’s ability to install and use an electric vehicle charging station within the unit owner’s limited common element parking space.

This new legislation prohibits the condominium association’s board of directors and a declaration of condominium provision or other restrictive covenants from prohibiting (or being enforced to prohibit) any unit owner from installing an electric vehicle charging station within the boundaries of the unit owner’s limited common element parking space, subject to certain conditions as laid out in this new legislation.

It is important to note that the right of installation of an electric vehicle charging station is ONLY applicable to the “limited common element” parking space and does not apply to a “common element” parking space. There is an important difference between a common element and a limited common element parking space. While all unit owners own an undivided interest in both, the limited common element parking space vests an individual use right to the owners of the unit to which the limited common element is appurtenant (connected to). Therefore, associations may prohibit the installation of electronic vehicle charging stations within the common elements or other portions of the condominium property that are maintained for the general use and benefit of all unit owners, but not as applied to a limited common element parking space, subject to the limitations and conditions of the legislation.

Thus, section 718.113(8) of the Florida Statutes, provides that, in considering a unit owner’s request to install an electric vehicle charging station, the association first must determine whether the charging station is to be installed within the boundaries of the requesting unit owner’s limited common element parking space. Whether a parking space is a limited common element is determined by the provisions of the declaration of condominium designating the parking space for the exclusive use and benefit of the owners of a specific unit.

If it is determined that the parking space is a limited common element, the unit owner may have the electric vehicle charging station installed subject to the requirements of the new legislation. These requirements provide that:

1) The installation cannot cause irreparable damage to the condominium property.

2) The unit owner is responsible for the costs of installation, operation, insurance, maintenance, repair, and removal of the charging station.

3) The electricity for the electric vehicle charging station must be separately metered and payable by the unit owner.

All of the above costs, if left unpaid by a unit owner, are enforceable by the association as any other assessment due pursuant to section 718.116, Florida Statutes, meaning if left unpaid their condominium unit can be foreclosed.

Additionally, as provided by the new legislation, the association can and should require that the unit owner:

1) comply with bona fide safety requirements, consistent with applicable building codes or recognized safety standards, for the protection of persons and property;

2) comply with reasonable architectural standards adopted by the association that govern the dimensions, placement, or external appearance of the electric vehicle charging station, provided that such standards may not prohibit the installation of such charging station or substantially increase the cost thereof;

3) engage the services of a licensed and registered electrical contractor or engineer familiar with the installation and core requirements of an electric vehicle charging station;

4) provide a certificate of insurance naming the association as an additional insured on the owner’s insurance policy for any claim related to the installation, maintenance, or use of the electric vehicle charging station within 14 days after receiving the association’s approval to install such charging station; and

5) reimburse the association for the actual cost of any increased insurance premium amount attributable to the electric vehicle charging station within 14 days after receiving the association’s insurance premium invoice.

Although your condominium association may not have received a request for the installation of an electric vehicle charging station as yet, your board of directors should be prepared for such a request. After all, it is only a matter of time. Therefore, condominium boards should consider adopting rules and regulations governing the process by which a unit owner is required to make such a request and provide for procedures by which the board of directors is to conduct its review and approval of the request.

While a unit owner desiring to install and use an electric vehicle charging station within his or her limited common element parking space will be able to do so by way of this new legislation, the association still has the authority to govern certain aspects of the installation and use and should be proactive in making rules and regulations in line with this authority. Your association’s legal counsel can be of great benefit to the board in creating a clear and concise process governing the electric car charging stations installation and use.

Tags Charging Station, Electric Vehicle, Florida Condominium, Legislation, Parking, Rembaum Association Roundup 1 Comment

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

Listed below are nine upcoming HOA and Condo Board Certification Courses. 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.

2019 Board Certification Course in Port St. Lucie – Tuesday, January 15, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in West Broward – Wednesday, January 30, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Parkland – Friday, February 8, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Jupiter – Wednesday, February 13, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Fort Lauderdale – Tuesday, February 26, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Palm Beach Gardens – Tuesday, March 12, 2019 from 9:00 AM to 12:00 AM. Click here for more information and to register.

2019 Board Certification Course for COBWRA – Wednesday, March 13, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Pompano – Tuesday, April 2, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

2019 Board Certification Course in Highland Beach – Thursday, April 11, 2019 from 9:00 AM to 12:00 PM. Click here for more information and to register.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags 2019 Board Certification Courses, 2019 Condo Board Certification Courses in Florida, 2019 HOA Board Certification Courses in Florida, Florida Condo, Florida HOA, Free DBPR Board Certification Courses 1 Comment

Pat Brown is the President of The Hamptons, a homeowner association of 152 units that is one of the 25 villages of the Aberdeen Property Owners Association (POA) in Boynton Beach, Florida. Pat also serves on the Aberdeen POA Master Board which represents 1,400 acres of property that includes 2,418 homes and recreational facilities.

Pat moved to Boynton Beach in 1976 after living in Connecticut and New York. Pat went to school at St. John’s School of Nursing in New York. After completing her studies and moving to Boynton Beach, Pat began her career as a nurse practitioner at Bethesda Hospital. She became the Director of Surgical Services and remained at Bethesda for over 30 years.

Pat has two children, Tara Lynn and Jeffrey. Tara is an attorney and Jeffrey is a fire fighter paramedic in Boynton. Pat’s hobbies include antiquing furniture and playing games, especially Monopoly which is her favorite. She also enjoys reading anything, from books to the ingredients list on a tube of toothpaste. Pat has been on the board for a total of eight years, two years as a Director and the past six as the President.

This past week, I spoke with Pat to discuss her experiences working as the President of The Hamptons HOA and as part of the POA and Advisory Board:

Ashley: What do you like most about being on your neighborhood board?

Pat: I enjoy working most of all with the community. A large part of that is making sure that the community is well maintained. There are a lot of older neighbors, so I like to help the community when I can. But most of all, maintaining the pristine condition of the community and by doing that, keeping up property values of the homes within the community.

Ashley: What has been your proudest accomplishment during your time on the Hamptons board?

Pat: A significant accomplishment during my time on the board was when we were able to revise and update our declarations and covenants. Another proud accomplishment was when we were able to upgrade the pool area. We bought new furniture, painted the area, and installed two new bathrooms. It is a beautiful community pool enjoyed by many of those who live here.

Ashley: Has your community gone through any rough spots, if so, how did you overcome these?

Pat: Every association board comes across difficulties. More recently, we have worked with the County Commissioner to make sure that sober homes are not moved into the community. We have absolutely nothing against them, we just do not feel that is it appropriate for our neighborhood.

Ashley: What advice would you share with other board members?

Pat: I would tell new or potential board members that If you’re going to do it, you must do it with an open heart. Being an association board member is a lot of work, but it truly can be a rewarding experience. You need to be committed to the obligations you are undertaking. Having a good sense of humor is also very beneficial. If you don’t have one at the start, you’ll likely develop one! Having a great management team is also essential, as it is something that can either make you or break you as a board. Lisa Teets, our Property Manager is wonderful. Lisa, Scott and Maria are always there and always do what they can to go above and beyond for the community by doing things that are not in their job descriptions. Before Hurricane Irma last year, they were there until the last minute before the storm to make sure we were prepared, and they were there immediately after the storm to help.

Ashley: How does your community communicate with residents?

Pat: One way we communicate to the residents is via email blasts. We also have a Hampton website we recommend all residents to visit where we post pertinent information about the community.

Ashley: You are also a board member on the Master Board, Aberdeen POA. Are there differences in the way things are done? Is there any advice you’d give another Board Member who is in a similar situation?

Pat: Overall, they are quite similar experiences. The POA is just a bigger picture in the sense that it includes all the communities. The main goal is to maintain and improve property values so that’s what we strive for in the end. I would likely give them the same advice I would give to a single association board member.

The Hamptons has been managed by Campbell Property Management since 2012 and Aberdeen POA has been with Campbell since 2003. Both communities are managed by Lisa Teets.

“Pat is very dedicated and an amazing Board Member. She always puts the association first; it is a true privilege to work with her,” says Lisa.

“Meet the Director” is an ongoing series where we recognize an outstanding Director from a community association in South Florida.

Serving on the Board of a Community Association is a challenging and often thankless job. There are thousands of dedicated volunteers in South Florida that have stepped up to lead their communities and we hope this series serves as a reminder to us all – to thank those that have invested their time and energy to make their communities a better place to live.

Tags Aberdeen, Aberdeen Master, HOA president in Florida, Meet the Director, Pat Brown - Aberdeen, Property Owners Association, The Hamptons No Comments »

Many Floridians live within a community operated by an association of some kind, be it a community of single-family homes under the jurisdiction of a homeowner’s or property owner’s association, or a condominium building maintained by a condominium association. These owners should be well-aware that many aspects of life within these communities are subject to restrictions outlined in a set of governing documents, which include a declaration, articles of incorporation, bylaws, and rules and regulations. While the declaration, articles of incorporation, and bylaws are typically recorded among the public records of the county in which the community is located, the rules and regulations are typically not recorded.

Because rules and regulations are usually amendable by the approval of the board of directors only (as opposed to the additional approval of the membership), allowing rules and regulations to be unrecorded provides the board of directors with the flexibility to amend the rules and regulations as the need arises without the added expense and time required to record these rule amendments among the county’s official records. However, this option has changed for homeowner’s associations as a result of recent legislative changes which took effect on July 1, 2018.

How has this changed? Pursuant to new provisions set out in Section 720.306(1)(e) of F.S., “[a]n amendment to a governing document is effective when recorded in the public records of the county in which the community is located.” While this has certainly always been the case for a declaration, articles of incorporation, and bylaws, this is new as to rules and regulations of a homeowner’s association because they were added to the definition of the term “governing documents” as set out in Section 720.301(8), F.S. when the Statute was amended in 2015, effective on July 1st of that year.

Due to the fact that many homeowner’s associations have not recorded their rules and regulations in the public records of the county, consideration should be given to record the all of the rules and regulations, particularly if there are plans to amend them. Failing to record the rules and regulations prior to (or at the same time as) recording an amendment will possibly create what is termed a “wild” amendment, which is not connected in the public records to the document it is trying to amend. Additionally, if an amendment to the rules and regulations must be recorded in order to be effective, it is logical to conclude that the initial rules and regulations must also be recorded in order to be effective. Under Section 720.303 F.S., all governing documents are required to be recorded in the public records. Therefore, a homeowner’s association should record its rules and regulations in the public records in order to avoid this possible claim against the legal effectiveness of the rules when it becomes necessary for the association to enforce its rules against an owner.

As with any other amendment to a homeowner’s association’s governing documents, within thirty (30) days after recording an amendment to the governing documents, the homeowner’s association must provide either a copy of the recorded amendment to the members or, if a copy of the amendment was provided to the members before they approved it (for those communities with owner approval requirements for rules) and the amendment was not changed before the vote, a notice providing that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment, and that a copy of the amendment is available at no charge to the member upon written request to the association.

While the consequences of this new legislation may have been unintended, it is the law until amended otherwise or an appellate court makes a contrary ruling. Although this will likely result in some minor additional costs to homeowner’s associations, this is a good opportunity for a board of directors to examine their existing rules and regulations and update them prior to recording them among the public records.

Board members of an association subject to Chapter 720, Florida Statutes, should discuss the implications created by this recent legislative change with their association’s lawyer. It is recommended that you have experienced association counsel review any existing rules and regulations prior to recording them to ensure that they are enforceable and do not unnecessarily expose the association to liability (e.g., Fair Housing violations). As to any proposed rules not yet adopted the same holds true. Experienced association counsel should review them to both ensure enforceability and to steer clear of unintended negative consequences.

Tags Florida HOA, Governing Documents, Homeowner association, Legislative Records, Records, Regulations, Rembaum Association Roundup, Rules 3 Comments

Jackie Witt is the President of the Winston Trails Foundation Master Association, an HOA of 1,891 homes in Lake Worth, Florida. Jackie has been on the Board for a total of five years, and she has held the role of President for the past three years. She has also served as Vice President of the Oakmont Village Board, which is a sub-association located in Winston Trails for the past eight years.

This past week, I spoke with Jackie to discuss her experiences working as the President of The Winston Trails Foundation Master Association:

Ashley: What do you like most about being on the Board?

Jackie: Most of all, working with the community. I enjoy meeting the residents here at Winston Trails, listening to their concerns and hearing them out about different issues that are important to them. I am a people person. Keeping our community safe and desirable is also what I love about being on the Board. I want the residents to feel safe and happy living at Winston Trails.

Ashley: Do you have any outside resources that you find valuable to your association and to you?

Jackie: We work very closely with Paula Rappold, our Property Manager to make sure that the Board is doing everything we can to keep the community safe, clean and so on. We have a very good relationship with Paula and the staff. I attribute that to Paula and her longevity at Winston Trails.

Some of the members are also part of the Coalition of Boynton West Residential Associations (COBWRA), and attend their meetings, which are an excellent resource. We also have a County Commissioner that lives in the community. Having all these resources helps us to hear about potential changes that could impact our community and gives us time to act on them before decisions are made. For example, we found out that the Solid Waste Authority (SWA) wanted to change to a one day pick up for wastes. The Board and the residents were very opposed to this, so we held a Board meeting to discuss the situation. COBWRA members and the County Commissioner attended the meeting and they listened to the resident’s concerns. The community’s opposition to the SWA’s proposed waste pick up schedule contributed to the SWA not making any changes and we remained at a two-day pick-up schedule.

Ashley: Has your community gone through any rough spots, if so, how did you overcome these?

Jackie: Winston Trails is an aging community, I believe about 25 years old. So, we have had to identify and repair some infrastructure issues. Also, Board members can come and go due to individual life situations. There can at times be turmoil on Boards when it comes to dealing with those changes and trying to keep everyone focused and on the same page. We are all lucky, though, since we all get along and we all work together on the Board. That is one of the most important things in any community; the Board needs to work together for the benefit of the community.

Ashley: How does your community communicate with residents?

Jackie: Paula sends out communications via email to the residents within the community. We also communicate heavily through our Board meetings.

Ashley: What advice would you share with other Board members?

Jackie: When you get on the Board, don’t personalize either the good or the bad you hear from the community. It is not towards you personally. Some residents are very passionate about what is going on, do not personalize anything negative directly. Most of all, work towards the greater good of the community and always keep the common good in mind.

About Jackie Witt:

Jackie was born and raised in Hollywood, Florida. She attended South Broward High School and then went to nursing school at Nova Southeastern University where she earned her bachelor’s degree and her master’s degree in nursing administration. After being a registered nurse for 35 years, Jackie is now retired. After marrying her husband, the pair moved to Alexandria, Virginia and stayed there for 11 years before moving back to Florida in 1978.

Jackie and her husband have been married for 50 years and have two daughters and four grandsons ranging in age from 6 to 17 years old. Jackie and her husband moved into Winston Trails in 2000 and are the original homeowners.

Jackie spends some of her time volunteering at the Palm Beach County Sheriff’s office, as Volunteer Major for administrative special units. She is also proud to be part of the Citizens on Patrol Unit in Winston Trails. She, along with 14 “citizen observers,” are members of unit 73 and regularly patrol the community.

Winston Trails has been with Campbell Property Management since 2001 and is managed by Paula Rappold.

“It is a pleasure to work for a Board of Directors lead by Jackie Witt because the focus is always on what is best for the Winston Trails community. Jackie loves to draw in homeowners using committees, so that those who want to have a voice can and will be heard,” says Paula.

“Meet the Director” is an ongoing series where we recognize an outstanding Director from a community association in South Florida.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags HOA president in Florida, Meet the Director, Oakmont Village, Winston Trails, Winston Trails Foundation Master 2 Comments

The FLCAJ (Florida Community Association Journal) Readers’ Choice Awards give communities and board members an opportunity to select their favorite service providers. These prestigious awards recognize service providers that offer superior service and demonstrate a commitment to the success of their communities.

Campbell Property Management has been voted South Florida’s highest rated community association management company the past five years, winning the highest level of recognition with the Diamond Award.

If you would like to cast a vote for Campbell, click here.

If you would like to cast a vote in the landscape management category for CPM (Complete Property Maintenance), click here.

To cast your vote in other categories, click here. Voting will run from now until December 2018.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags FCAP, FLCAJ 6th Annual Readers' Choice Awards, FLCAJ Readers' Choice Awards 2019, Florida community association journal 6 Comments

1) partial automatic sprinkler protection,

2) smoke detection alarms,

3) smoke control,

4) compartmentation, and/or

5) other approved lifesaving systems.

The Florida legislature needs to address the ELSS compliance deadline to provide clarity for the betterment and safety of all of Florida’s high-rise communities; and

Any board member of a high-rise condominium association with questions regarding any of the issues addressed herein needs to consult with both their association’s legal counsel and with the local fire safety officials with jurisdiction for enforcement of the ELSS.

Tags Engineered life safety, Florida Condo Fire Sprinkler Retrofit, florida condo fire sprinkler systems, Florida Condominium, Florida Fire Prevention Code No Comments »

The use of automobiles in Florida can be a source of pure enjoyment, but often results in stress and frustration. This is especially true as you witness a neighbor speeding recklessly on the association roads. Safety should always be paramount. Unfortunately, not every driver operates their automobile in a responsible, safe manner leading to all sorts of dangers to pedestrians and property, alike. Local law enforcement can only enforce traffic laws within the public streets of its jurisdiction. So, how can your association be included in that jurisdiction?

When it comes to accessing roads within a community association, there are two types; communities with publicly dedicated roads and communities with private roads, which are commonly referred to as “gated communities”. Enforcement of traffic regulations in a community association with public roads falls under the same mandates for local law enforcement as any other public street of its jurisdiction. The more difficult situation is when a gated community association wants law enforcement to enforce traffic regulations within its private roads. Who has authority to enforce traffic safety? Does local law enforcement have an implied right to enforce traffic laws within the private roads of a gated community?

The Florida Attorney General, in advisory legal opinion AGO 2009-16, addressed whether local law enforcement has the authority to enforce traffic within the private roads of a gated community. The Florida Attorney General determined that local law enforcement has the authority to enforce speed limits and other traffic regulations in a gated private community as long as the association has entered into a traffic control agreement with the municipality pursuant to section 316.006(2), Florida Statutes.

As a quick summary, section 316.006(2), Florida Statutes, provides that a municipality may exercise jurisdiction over any private road located within its boundaries if the municipality and the parties owning or controlling such road enter into a written agreement that is also approved by the governing body of the local municipality. Pursuant to the traffic control agreement, the owner of the private road must agree to provide i) reimbursement for actual costs of traffic control and enforcement, ii) insurance and indemnification for liability, and iii) such other terms as are mutually agreeable. Because the traffic control agreement is an extension of the authority of the local municipality to enforce traffic, any traffic control agreement will also require traffic signage conforming to the Florida Department of Transportation’s specifications. In addition, however, there can be minimum speeds imposed by the Florida Department of Transportation’s traffic laws as well. For example, a gated community in Palm Beach County that wanted local law enforcement’s assistance with enforcing a speed restriction against leaded footed drivers was unsuccessful because its speed limit of 15 MPH was simply too slow for enforcement under state traffic laws. In any event, if all of the aforementioned are accomplished, then the Board, by majority vote, may elect to have state traffic laws enforced by local law enforcement agencies on the private roads controlled by the association.

In addition to the above requirements, Palm Beach County also requires an original certified traffic survey completed by a licensed consultant or engineering firm stating that all traffic and regulatory signs on the property comply with Florida Department of Transportation and Florida Statutes and that the speed limit (included on the survey) complies with Florida Statutes; a map of the subdivision; and an affidavit, executed by a director of the association, stating the association owns the roads.

As to the situation where a Palm Beach County gated community could not enter into such an agreement for local enforcement to enforce traffic regulations in their gated community, the association is not without relief. In that instance, the homeowners’ association could fine the speeding drivers by adopting the requisite rules and regulations and following the provisions set out in Florida’s fining laws, section 720.305, Florida Statutes. For more information on how to do so, please contact your association’s attorney.

Tags Autobahn, Gated community, Law enforcement, Palm Beach County, Private Roads, Public Roads, Speed Limit, Traffic, Traffic Regulations 1 Comment

Mike DeCenzo is the President of The Corniche, a beachfront condominium association of 110 units on Singer Island, Florida. Originally from Massachusetts, where he attended college as well as medical school, Mike began his career as a Urologist in Springfield, Massachusetts. He remained there for 35 years until his retirement. During his career, Mike founded and served as President of one of the largest single specialty urology practices in the United States.

Mike has been married to his wife, Cary for 49 years. They have two sons, one, a lawyer and architect who lives in Indiana. The other a computer engineer in California. Mike and Cary also have three grandchildren. During his free time Mike enjoys playing golf, usually around three times a week. Mike and Cary are avid travelers, enjoying trips all around the world, whenever the opportunity arises. Mike has been on Corniche’s board ever since running and being elected President in 2008.

This past week, I spoke with Mike to discuss his experiences working as the President of The Corniche Condominium Association:

Ashley: What do you like most about being on the Board?

Mike: Like any voluntary job, serving on the Corniche Board is not always easy, but I have found that participation in maintaining and improving our condo association, in partnership with the other Board Members and with Rafael Solis, our Property Manager, has been stimulating and rewarding. When faced with a problem, our approach is to have Rafael research the possible solutions by utilizing Campbell Property Management’s experience in dealing with similar issues at other condos and then consulting outside sources. Rafael then presents choices to the Board, which acts as the final decision maker. We feel ourselves fortunate to have a Property Manager like Rafael who is resourceful, cares about the people who live at The Corniche, works hard, and is always polite, helpful and upbeat.

Ashley: What are some things you have done to improve the community as a whole?

Mike: The first and most important action was to create statutory reserves which The Corniche had never established. Doing so has provided us with a secure financial basis to handle expected and unexpected expenses in addition to decreasing our insurance costs, and has allowed those owners, who were interested, to market their homes more easily or to secure reverse mortgages.

The Corniche was constructed thirty-five years ago and, like any Florida property in a seaside location, requires careful maintenance and occasional large projects to protect the building and sustain its structural integrity. During the past ten years the projects included creation of a sea wall to protect the building from beach erosion, restoration of the reinforced concrete knee walls on our building’s balconies and replacement of our elevators and fire alarm system. Additionally, we have replaced the waterproof membrane that lies between our garage ceiling and the surface of our outside parking lot. This required redoing all the outside landscaping including the pool area and tennis court. We are currently planning a modernization of our lobby, exercise facilities and the rest of the common areas in the building.

Ashley: Has your community gone through any rough spots, and if so, how did you overcome these?

Mike: All projects that need to be done can have rough spots. As a Board, you need to be very careful and make sure that you undertake extensive planning, engage competent consultants and vendors and negotiate favorable contracts. Fortunately, one of our Board Members is a lawyer, another an engineer and another an accountant, so we have received valuable in-house insight from them and creative ideas from the others.

One example of a rough spot occurred when we estimated the amount of reinforced concrete restoration work needed on a given project in order to set the amount of Special Assessment needed to finance the job. In one instance, the extent of concrete damage was more than we expected, and we found that the Special Assessment we had declared did not cover our cost, requiring the embarrassed Board to declare an additional assessment. After this experience we overestimated the cost when we did our next concrete restoration project.

Another rough spot occurred during our sea wall project. We are in a major sea turtle nesting area and a delegation of Board Members, our Property Manager and consultants had to journey to Tallahassee to testify and present our case to the Florida Fish and Wildlife Service in order to secure permitting.

Ashley: What advice would you share with other board members?

Mike: I would recommend that new Board Members read “The Condominium Concept” by Peter Dunbar which is a helpful guide to the rules and protocols of Florida Condo law. I feel that Board Members should not be too “hands on.” Keep an eye open, but let your professional manager do their job and manage the property. This will make your time on the Board a better experience.

The Corniche has been with Campbell Property Management for ten years and is managed by Rafael Solis.

“Mike is a President who makes responsible management decisions to protect our condominium owners’ investments,” says Rafael.

“Meet the Director” is an ongoing series where we recognize an outstanding Director from a community association in South Florida.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Condo President in Florida, Meet the Director, The Corniche, The Corniche in Singer Island 1 Comment

The Condominium Fire Sprinkler Retrofit and Engineered Life Safety Requirements

Electric Vehicle Charging Stations – Condominiums Going Green

Upcoming Complimentary HOA and Condo Board Certification Courses

Meet the Director – Pat Brown

Think Rules and Regulations Do Not Need To Be Recorded? Think Again!! – Recent Legislative Changes Affecting Homeowners’ Associations

Meet the Director – Jackie Witt

FLCAJ Sixth Annual Readers’ Choice Awards – Voting Now Open!

The Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

Is There An Autobahn In Your Association? The Need To Regulate Traffic Within Gated Communities

Meet the Director – Mike DeCenzo

Enjoy the Blog? Sign-up for the FAN Newsletter!