Florida Association News Blog

Rembaum’s Association Roundup

OUR KBR TEAM OF ATTORNEYS OFFER GUIDANCE TO YOUR MOST PRESSING COVID-19 QUESTIONS

1. If we have a resident who tested positive for Covid-19 should we inform the entire community?

If the positive test has been confirmed, while it is ok to alert the entire community that a member has tested positive for Covid-19, it is definitely NOT ok to identify the infected person by name and/or property address. It is recommended that you contact Association counsel for assistance in preparing or reviewing the notice to the membership.

2. What do we do if a confirmed, infected person in our community refuses to self-quarantine?

Consider contacting the County Health Department, the local Police Department, Department of Homeland Security, and Center for Disease Control to report them. Please be reminded that you have no independent authority to force anyone to self-quarantine.

3. Should we close the association clubhouse and gym during the quarantine period?

With known infections escalating at a breakneck pace, community leaders must make tough business decisions to protect the health, safety and welfare of community residents, staff and to promote compliance with local, state and federal emergency orders and declarations. We recommend implementing strategies to minimize spreading the disease and taking actions designed to maintain a safe environment. Prohibiting use of indoor common facilities and amenities generally falls within the discretion of the board of directors, particularly in light of the emergency powers granted to all Boards of Directors, during this pandemic, by Florida Statutes, and is strongly recommended by the state health department.

Consequently, we recommend restricting access to these facilities as the most effective way to prevent residents from becoming infected after touching surfaces, railings, entry doors, furniture or other items. This is especially important if residents typically congregate in the clubhouse in close proximity to each other.

Board members are obligated to act with good faith, with the care of a reasonable person and in the best interests of the community. It is certainly in the best interest of the community to maintain a clean and safe environment. It is likewise in the best interests of the community for the association to promote social distancing in compliance with recommendations of governmental agencies.

4. Should we close the association swimming pool during the quarantine period?

As far as we know, there is no evidence that the infection spreads from one person to another in water, however boards must take the same considerations stated above into account,. Some associations are permitting owners to use the pool after the association removes the pool furniture, so long as each person agrees to remain 6 feet from one another and limit the number of users to less than 10. This continued use would still require the association to engage in extraordinary cleaning/sanitizing measures for any high-touch areas including railings, access-ways, bath facilities and the like. The logistics, costs and possible liability concerns often lead directors to the conclusion that shutting the pool facilities is a far better alternative, which is legally supportable and suggested.

5. Should we forgive all assessment payments for 60 days? Should we reduce our budget by 20%?

Certainly these are unprecedented times. Many communities will be faced with critical decisions regarding the likely financial impact the Covid-19 virus will have on the owners and overall operations of the association.

However, as board members have a fiduciary duty to ensure that the association meets its many financial obligations, we do not recommend adopting a blanket policy to forgive all assessments for all owners for a certain period of days (30, 60, or 90 days), nor do we recommend an immediate reduction in the budget.

The primary reason is that the association must still function in an effective manner, which includes ensuring that its vendors and obligations are timely paid and met, including, without limitation, insurance, maintenance/sanitation of the common elements and facilities, security, and communication services (telephone, internet, cable). Some communities may have loan repayment obligations as well. Adopting a blanket policy to forgive all assessments can invariably cause some owners, who otherwise had no intention of withholding payment or paying late, to take advantage of the “amnesty” period, which will only create a negative impact on the association by interrupting the necessary cash flow for community services.

Of course, it is also important to demonstrate compassion during this period and Boards do have the authority to consider hardship requests from an owner on a case-by-case basis, which can include: agreeing to extend the period of time for an owner to make payment; waive late fees; enter into payment plan; or, to send additional late notices before turning a delinquent account over to legal counsel for collection. The types of hardships to be considered by the Board can include, without limitation, a documented reduction in household income by the owner or an increase in household expenses, as well as documented medical reasons. Also, if there are items in the budget that are discretionary and vendors for these non-essential services are willing to work with the Board to either temporarily suspend those services or defer payment, the board can exercise its reasonable business judgement to work with such vendors on those points. It is recommended that you review any proposed policies with your association counsel before implementing them.

6. Should our association restrict guests or contractors during the quarantine period?

Among the statutory emergency powers of a condominium board is the right to determine any portion of the “condominium property” unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board. Condominium property is defined by the Florida Condominium Act (Chapter 718 of Florida Statutes) to include both common elements and units.

However, the statutory emergency powers for homeowners’ associations are a little different. They provide that the board may determine any portion of the “association property” unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board. The term “association property” is not defined by the Florida Homeowners Association Act (Chapter 720 of Florida Statutes), but would seem to refer to property owned by an association, including only the common area and not lots or homes.

Whether an association may, should or must restrict or prohibit guests or contractors from entering the community due to COVID-19 depends upon the nature of the community, applicable law and, of course, the orders or directives from federal, state, county and local authorities.

In many condominiums there are shared elevators, lobbies, entry doors, hallways, stairways and the like. Since residents are in close proximity to each other, and guests and contractors will typically need to share access points with residents, it is likely reasonable to limit guests and contractors in condominiums with such shared areas. However, exceptions for guests and contractors who are necessary for the resident must be considered. A condominium association must surely allow a resident to have a guest who is necessary for a disability. In addition, residents may also need guests for other essential purposes and they should not be precluded from accessing units. Of course, these issues need to be evaluated on a case-by-case basis.

In a condominium setting, it appears reasonable for the board to similarly restrict access and work by contractors, other than those who are performing necessary work, to be determined by the board. It is not advisable to restrict contractors who are needed to ensure that a unit is fully functional and habitable. Optional renovations, which are generally unnecessary to maintain or repair the unit, may be restricted. It is interesting to note that many of the emergency orders issued by local governments, such as Broward and Palm Beach Counties, provide that contractors are essential workers who may work despite the orders.

As noted above, the authority of the board of a homeowners’ association to prohibit entry or occupancy appears to apply to common areas rather than the lots and homes. Furthermore, unlike a condominium, even where the homes are attached (such as townhomes), they typically do not have very much shared areas. Presumably a guest or contractor of a resident is able to go directly to the resident’s home without contacting or affecting areas used by other residents. As such, the board of a homeowners’ association may not have as much legal support for a restriction on guests or contractors of residents.

7. Should our association prevent tenants and owners from moving in during the quarantine period?

Unless there is a future State or local order that further limits or restricts activity in community associations, it does not appear that a restriction preventing owners from moving into a condominium or homeowners’ association community would be reasonable. The fact is that owners have more rights than tenants, and obstructing an owner from entering their property is likely not warranted unless, for example, the property was destroyed by a hurricane or is otherwise unsafe. However, it must be recognized that additional use of the shared areas of community associations could lead to the spread of COVID-19.

As a result, certain restrictions on new leases, particularly new short-term leases which have not been approved, may be reasonable to prevent a “revolving door” situation when there is an influx of too many people in the shared areas of the community. This may also include screening tenants concerning whether they have recently been exposed to COVID-19 and using it as a basis to deny immediate occupancy. As noted above, there is typically less shared area in homeowners’ association communities and, therefore, a homeowners’ association may have less reason to preclude new tenants. In any event, all applications for the proposed transfer or lease of a unit or lot should be timely reviewed in accordance with the governing documents for the community to ensure that the association complies with any applicable time frames during which approval must be furnished to the owner or applicant.

Also, On March 27, Governor DeSantis signed an Order prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

We strongly encourage Boards to discuss these issues with your association’s legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.

Short Term Rental Prohibition Order

On March 27, Governor DeSantis signed an Order prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

We added a very useful COVID-19 resource section to our website. You can visit it by clickingHERE:

The Kaye Bender Rembaum Team RemainsAvailable to You and to Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.

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 Condo, coronavirus, Covid-19, emergency powers, Florida, HOA, Legal, Q&A, quarantine, Rembaum Association Roundup No Comments »

The number of confirmed cases of the Coronavirus (COVID-19) has increased exponentially here in South Florida and in the country.

Here are basic steps to protect yourself from Coronavirus in the workplace:

Click here to view this infographic in Spanish.

Tags campbell cares, Campbell Property Management, Condo, coronavirus, Covid-19, HOA, Procedures, Protect, protect from coronavirus, Safety No Comments »

The emergency nature of the Coronavirus outbreak remains in a state of flux. New information, protocols and recommendations from the Center for Disease Control (CDC) are being provided. Dr. Anthony Fauci continues to reiterate on Sunday morning news shows “things will get worse before they get better.” In an effort to shock some sense into college students on Spring break, the United States Surgeon General Dr. Jerome Adams warned “I want America to understand this week, it’s going to get bad.” The disease is spreading, he said, because many people – especially young people – are not abiding by guidance to stay at home and practice social distancing. Dr. Adams was very clear this morning to the American people when he said “We’re not going to ventilator our way out of this problem. We’re not going to treat our way out of this problem. The way you stop the spread of an infectious disease like this is with mitigation measures and preventing people from getting it in the first place.”

So, what does this mean in practical terms for your community association? Can the Board suspend meetings altogether and hold unnoticed board meetings? Can the Board temporarily limit or prohibit guest access to single-family communities, multi-family dwelling units or condominium buildings? Should the number of passengers riding in an elevator at one time be limited? What about those homeowners who are now demanding that landscapers stop entering their property to maintain lawns? Should the Board shut down all common areas, including the pool area, which seems to be a popular place for everyone to go right now because they are home and there is no rain in the forecast this week?

At the risk of repeating the obvious, these are unprecedented times leading to unprecedented questions, and requiring unprecedented measures. First and foremost, the residents of your community are looking to the Board for leadership much as we are looking to Washington D.C. and Tallahassee for leadership. This means all actions your Board takes should be measured and tailored to respond to the crisis.

We do not believe this type of crisis warrants holding meetings without notice to your members until such time as quarantine restrictions prevent the posting of physical notices of meetings, if at all. Physical posting and electric notice of meetings should continue, and then electronic notice if physical posting is no longer possible. We believe that community association boards should discourage gatherings of their members in a room to conduct association business. We believe any decisions that can be delayed without resulting in an interruption in the business operation of your association should be delayed until such time as the matter becomes critical to the uninterrupted operation of your association. If you are a small community and can conduct meetings that will not exceed the 10 people or more limitation on social gatherings and keep sufficient distance between residents, then membership attendance at meetings can continue. For larger communities, you are already at the point of reevaluating your agendas and scheduled meetings over the next two months and must plan accordingly. We recommend all associations, regardless of size, implement the use of free conference line services, and other online meeting facilitation platforms to avoid in person membership participation at meetings. This may mean that members will not be able to speak at meetings. So, again, we recommend you limit agenda items to essential business to avoid an interruption in association operations.

For those communities that have not held their annual meetings, we believe it is appropriate to postpone those annual meetings for so long as Governor DeSantis maintains the State of Emergency. The Governor has to revisit whether to extend the State of Emergency by May 9, 2020. Hopefully, the Division of Florida Condominiums, Timeshares, and Mobile Homes will issue a guidance letter on whether communities that have suspended their election process will need to re-notice the entire election or whether the annual meeting date will simply need to be re-noticed without opening up the time frame for candidates to submit notices of intent to run if the deadline to submit notice had already passed as of the date your community’s annual meeting was temporarily suspended.

In terms of limiting guest access to your community, several factors should be considered, and the actions taken by your community should be tailored to meet the emergency. Condominium buildings, where the proximity of living is much closer together than single family home neighborhoods, should consider and balance the rights of the owners to have guests and invitees, utilize the common element lobbies, hallways and other areas for ingress and egress purposes against protecting the overall safety, sanitation, and health of the condominium building and its residents. For condominium associations where access to a unit is through a common lobby or entrance, it may be reasonable for the Board of Directors to limit the number of visitors an owner or tenant may have at any one time to a reasonable number. In buildings, the number of people in elevators at one time should be limited. Other high-risk areas should be identified and temporarily closed, such as fitness centers, restrooms, indoor and outdoor dining areas, card rooms, and possibly the entire Clubhouse.

The Board may also wish to consider closing the common area pool if residents are gathering in large enough numbers despite all of the federal, state and local warnings not to do so. In the alternative, you may wish to temporarily remove all pool furniture from the pool deck to limit the spread of COVID-19, which appears to survive on metal surfaces the longest. Likewise, the association may consider that use of the pool be restricted to owners and residents. This would reduce the number of people at the pool and limit exposure. If your vendors are still providing exterior grounds maintenance services, then if people are indoors it would seem the risk to them is minimal. Each community board has to decide these issues as best they can baring in mind the Board’s duty set forth in Section 617.0803, Florida Statutes, which provides:

(1) A director shall discharge his or her duties as a director, including his or her duties as a member of a committee:

(a) In good faith;

(b) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and

These are stressful times for everyone and questions of first-impression will continue to arise in the next several weeks or months. When in doubt, contact your association’s legal counsel to assist your board of directors navigate your community’s specific issues. Most importantly, show your residents that the Board is ready to meet this challenge.

by Steven R. Braten, Shareholder & Paula S. Marra, Senior Associate, Rosenbaum PLLC

Tags Association, Condo, coronavirus, coronavirus outbreak, HOA, HOAs and coronavirus, outbreak, Rosenbaum PLLC No Comments »

Beware…The bad guys are preying on your fears and sending all sorts of scams related to the Coronavirus (COVID-19).

Below are some examples of the types of scams you should be on the lookout for:

1. Emails that appear to be from organizations such as the CDC (Centers for Disease Control), or the WHO (World Health Organization). The scammers have crafted emails that appear to come from these sources, but they actually contain malicious phishing links or dangerous attachments.
2. Emails that ask for charity donations for studies, doctors, or victims that have been affected by the COVD-19 Coronavirus. Scammers often create fake charity emails after global phenomenons occur, like natural disasters, or health scares like the COVID-19.
3. Emails that claim to have a “new” or “updated” list of cases of Coronavirus in your area. These emails could contain dangerous links and information designed to scare you into clicking on the link.

Remain cautious! And, always remember the following to protect yourself from scams like this:

• Never click on links or download attachments from an email that you weren’t expecting.
• If you receive a suspicious email that appears to come from an official organization such as the WHO or CDC, report the email to the official organization through their website.
• If you want to make a charity donation, go to the charity website of your choice to submit your payment. Type the charity’s web address in your browser instead of clicking on any links in emails, or other messages.

By Evan Bradley, CFO, Campbell Property Management

Tags coronavirus email scams, coronavirus scams, Covid-19 No Comments »

The President of the United States has now declared a National Emergency to combat the coronavirus outbreak. On March 10, 2020, Governor DeSantis declared a state of emergency to likewise combat the coronavirus outbreak in Florida. A number of private and public organizations have suspended large gatherings to implement the social distancing recommendations of the Center for Disease Control (CDC). According to the CDC, “‘social distancing’ means remaining out of congregate settings, avoiding mass gatherings, and maintaining distance (approximately 6 feet or 2 meters).” In addition, local governments and school districts are announcing closures each day in an effort to contain the spread of the corona virus.

SO WHAT SHOULD YOUR ASSOCIATION DO?
The question boards are grappling with today, tomorrow and until the President and Governor lift their national and state emergency declarations, is what to do to minimize the spread of COVID-19 within their communities? Sections 718.1265 and 720.316, Florida Statues, provide guidance. These statutes provide for “emergency powers” following damage caused by an event for which a state of emergency is declared by the Governor. Until the coronavirus outbreak, legal practitioners, including myself, understood “damage caused by an event” to refer to a hurricane or other similar natural disaster. However, the Governor has broad powers to declare a state of emergency. Specifically, Section 252.36 which is cited in Sections 718.1265 and 720.316 states:

252.36 Emergency management powers of the Governor:

(2) A state of emergency shall be declared by executive order or proclamation of the Governor if she or he finds an emergency has occurred or that the occurrence or the threat thereof is imminent. The state of emergency shall continue until the Governor finds that the threat or danger has been dealt with to the extent that the emergency conditions no longer exist and she or he terminates the state of emergency by executive order or proclamation, but no state of emergency may continue for longer than 60 days unless renewed by the Governor.

In light of the current declared national and state of emergency, Boards of Directors of a condominium or homeowners association, consistent with their obligations to discharge their duties in good faith and with the care an ordinarily prudent person in a like position would exercise under similar circumstances, may take emergency action to prevent the spread of COVID-19 within their communities. Indeed, the overriding purpose of community associations is to protect the health, safety, and welfare of their communities at large, particularly in the face of a national health crisis such as COVID-19. Such emergency actions include, conducting board meetings to address emergency related issues, including temporarily closing community facilities without holding an open meeting. Such meetings can be conducted by teleconference or video conference to avoid personal gatherings. Members should be advised as soon as practical of all emergency related decisions taken by the Board through all means available, including “publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium [or homeowner association] property or any other means the board deems reasonable under the circumstances.” All emergency actions taken should be ratified at the earliest opportunity that a duly noticed board meeting open to the members can be safely conducted. No actions that are not necessary to the continued safe operation of an association should be taken until this emergency passes.

Associations are also empowered to cancel and reschedule meetings. The Board, or in the absence of the Board to conduct a meeting, the president, as the chief executive officer of the association, may cancel and reschedule such meetings. For example, many of our community associations are still in the process of holding their annual meeting and elections. The Association may temporarily cancel and reschedule such meetings for up to 60 days to avert large gatherings to elect directors. Such meetings can and should be rescheduled for the earliest possible date after emergency conditions no longer exist (i.e., when the Governor of Florida lifts the State of Emergency). The following is a table that may assist boards in determining what powers are available to them to take emergency actions during this crisis.

Action	Homeowners’ Association	Condominium Associations
Disaster Plan	A disaster plan may be implemented before or immediately following the event. This may include, among other things, shutting off elevators, electricity, water, sewer, security systems, or air conditions.	A disaster plan may be implemented before or immediately following the event. This may include, among other things, shutting off elevators, electricity, water, sewer, security systems, or air conditions.
Entry onto the Property	Based upon the advice of professionals the Board may determine any portion of the association property unavailable for entry or occupancy.	Based upon the advice of professionals the Board may determine any portion of the association property unavailable for entry or occupancy.
Board Meetings	Board meetings and membership meetings may be conducted if notice provided in as practicable manner as possible.	Board meetings and membership meetings may be conducted if notice provided in as practicable manner as possible.
Assistant Officers	Assistant officers whom are not directors may be named to accommodate the incapacity or unavailability of the officer. The same authority as is conferred upon the executive officer whom they are assistants to is conferred on the assistant during the state of emergency.	Assistant officers whom are not directors may be named to accommodate the incapacity or unavailability of the officer. The same authority as is conferred upon the executive officer whom they are assistants to is conferred on the assistant during the state of emergency.
Association Meetings	May be canceled or rescheduled.	May be canceled or rescheduled.
Principal Office	May be relocated or an alternative may be designated.	May be relocated or an alternative may be designated.

As these are stressful times, we strongly recommend you contact your association’s legal counsel to assist your board of directors navigate your community’s specific issues. Good luck and stay well. This too shall pass.

By Steven R. Braten, Shareholder and Paula S. Marra, Senior Associate, Rosenbaum PLLC

Tags Condo, coronavirus, Covid-19, HOA, outbreak, Rosenbaum, state of emergency No Comments »

Rembaum’s Association Roundup

All board members and managers should take a few moments and brush up on emergency powers approved by the legislature and codified into Florida Statutes in Chapters 718, 719 and 720 for use during a “state of emergency.” Hopefully, your association will not need to use them. But just in case, now is the time to familiarize yourself with this important legislation.

No doubt the emergency powers granted by the Florida legislature to a condominium, cooperative and homeowners’ association board of directors for use during a “state of emergency” were intended for hurricanes and the like. Nevertheless, should circumstances warrant, they can be utilized during this state of emergency caused by the Coronavirus. However, use of these powers should be reasonably related to the threat at hand. In other words, there should be good reason for their exercise such that there is a nexus between the emergency action taken and the situation at your association as related to the Coronavirus.

Due to the Coronavirus, a myriad of other issues present themselves for consideration, too. Should board meetings be held and if so, how? Should the board learn of an infected member living in the association, what next? Should the infected person be identified to other members? What type of notice should be provided? Should an entire condominium be quarantined due to one case of coronavirus or should only those members who were in contact with the infected member be in quarantine? These are issues of first impression and the list goes on…

During this time, if there is no reason to have a board meeting because there is no business to be voted on, then consider cancelling the meeting. If a board meeting is needed, consider doing so by conference call. Remember, all members still have the right to listen and, at the right time, speak. If this is not possible, be sure to draft into the minutes the reason why, because there is no emergency power that allows excluding the members attendance and participation at a board meeting.

Based on what we have all seen and read, the infected person will be quarantined along with all other persons the infected person identifies as having been in contact with them. Therefore, one way or the other word of the situation is likely to get out. Nevertheless, notice to the entire community should be considered, but identification of the infected person should be avoided.

Meetings with a large numbers of attendees should be avoided, but if meetings with a large number of participants become necessary, then consider spacing out the seats to avoid unnecessary close contact.

Plan ahead by stocking up on several weeks of supplies needed for the smooth operation of the association.

Consider temporary closing of the clubhouse and other areas of possible congregating. Obviously, Bingo and similar games should be avoided. Shows should be cancelled and re-scheduled, if possible, etc.

The Board should focus on the protection of its members though minimization of health and economic risks. Regardless of what steps are taken, given the circumstances, there are possible legal consequences. Therefore, bear in mind prior to taking any action, consultation with the association’s attorney is an absolute must as this column is intended to provide information for consideration and not specific legal advice.

Thank you to the numerous those who provided their comments to this writer on this difficult, unchartered situation.

________________________________

THE SPECIFIC LEGISLATION

Following is the legislation that provides the specific emergency powers for Florida’s community associations. First presented is emergency powers for condominium associations, followed by emergency powers for cooperative associations and emergency powers for homeowners’ associations.

EMERGENCY POWERS:CONDOMINIUM ASSOCIATIONS

718.1265 Association emergency powers.—

(1) To the extent allowed by law and unless specifically prohibited by the declaration of condominium, 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 condominium is located, may, but is not required to, exercise the following powers:

(a) Conduct board meetings and membership meetings with notice given as is practicable. Such notice may be given in any practicable manner, including publication, radio, United States mail, the Internet, public service announcements, and conspicuous posting on the condominium property or any other means the board deems reasonable under the circumstances. Notice of board decisions may be communicated as provided in this paragraph.

(b) Cancel and reschedule any association meeting.

(c) Name as assistant officers persons who are not directors, which assistant officers shall have the same authority as the executive officers to whom they are assistants during the state of emergency to accommodate the incapacity or unavailability of any officer of the association.

(d) Relocate the association’s principal office or designate alternative principal offices.

(e) Enter into agreements with local counties and municipalities to assist counties and municipalities with debris removal.

(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared which may include, but is not limited to, shutting down or off elevators; electricity; water, sewer, or security systems; or air conditioners.

(g) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the condominium property unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons.

(h) Require the evacuation of the condominium property in the event of a mandatory evacuation order in the locale in which the condominium is located. Should any unit owner or other occupant of a condominium fail or refuse to evacuate the condominium property where the board has required evacuation, the association shall be immune from liability or injury to persons or property arising from such failure or refusal.

(i) Based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the condominium property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.

(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including, but not limited to, mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the condominium property, even if the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.

(k) Contract, on behalf of any unit owner or owners, for items or services for which the owners are otherwise individually responsible, but which are necessary to prevent further damage to the condominium property. In such event, the unit owner or owners on whose behalf the board has contracted are responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 718.116 to enforce collection of the charges. Without limitation, such items or services may include the drying of units, the boarding of broken windows or doors, and the replacement of damaged air conditioners or air handlers to provide climate control in the units or other portions of the property.

(l) Regardless of any provision to the contrary and even if such authority does not specifically appear in the declaration of condominium, articles, or bylaws of the association, levy special assessments without a vote of the owners.

(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association when operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions as are contained in the declaration of condominium, articles, or bylaws of the association.

(2) 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.History.—s. 15, ch. 2008-28.

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EMERGENCY POWERS:COOPERATIVE ASSOCIATIONS

719.128 Association emergency powers.—

(1) To the extent allowed by law, unless specifically prohibited by the cooperative documents, and consistent with 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 area encompassed by the cooperative, may exercise the following powers:

(a) Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the cooperative property, or any other means the board deems appropriate under the circumstances.

(b) Cancel and reschedule an association meeting.

(c) Designate assistant officers who are not directors. If the executive officer is incapacitated or unavailable, the assistant officer has the same authority during the state of emergency as the executive officer he or she assists.

(d) Relocate the association’s principal office or designate an alternative principal office.

(e) Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal.

(f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared, which may include turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.

(g) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board of administration, determine any portion of the cooperative property unavailable for entry or occupancy by unit owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.

(h) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board of administration, determine whether the cooperative property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.

(i) Require the evacuation of the cooperative property in the event of a mandatory evacuation order in the area where the cooperative is located. If a unit owner or other occupant of a cooperative fails to evacuate the cooperative property for which the board has required evacuation, the association is immune from liability for injury to persons or property arising from such failure.

(j) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the cooperative property, regardless of whether the unit owner is obligated by the declaration or law to insure or replace those fixtures and to remove personal property from a unit.

(k) Contract, on behalf of a unit owner, for items or services for which the owner is otherwise individually responsible, but which are necessary to prevent further damage to the cooperative property. In such event, the unit owner on whose behalf the board has contracted is responsible for reimbursing the association for the actual costs of the items or services, and the association may use its lien authority provided by s. 719.108 to enforce collection of the charges. Such items or services may include the drying of the unit, the boarding of broken windows or doors, and the replacement of a damaged air conditioner or air handler to provide climate control in the unit or other portions of the property.

(l) Notwithstanding a provision to the contrary, and regardless of whether such authority does not specifically appear in the cooperative documents, levy special assessments without a vote of the owners.

(m) Without unit owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions contained in the cooperative documents.

(2) The authority granted under subsection (1) is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the unit owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.History.—s. 16, ch. 2014-133.

_________________________________

EMERGENCY POWERS:HOMEOWNERS’ ASSOCIATIONS

720.316 Association emergency powers.—

(1) To the extent allowed by law, unless specifically prohibited by the declaration or other recorded governing documents, and consistent with s. 617.0830, the board of directors, in response to damage caused by an event for which a state of emergency is declared pursuant to s. 252.36 in the area encompassed by the association, may exercise the following powers:

(a) Conduct board or membership meetings after notice of the meetings and board decisions is provided in as practicable a manner as possible, including via publication, radio, United States mail, the Internet, public service announcements, conspicuous posting on the association property, or any other means the board deems appropriate under the circumstances.

(b) Cancel and reschedule an association meeting.

(d) Relocate the association’s principal office or designate an alternative principal office.

(e) Enter into agreements with counties and municipalities to assist counties and municipalities with debris removal. (f) Implement a disaster plan before or immediately following the event for which a state of emergency is declared, which may include, but is not limited to, turning on or shutting off elevators; electricity; water, sewer, or security systems; or air conditioners for association buildings.

(g) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine any portion of the association property unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare.

(h) Based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board, determine whether the association property can be safely inhabited or occupied. However, such determination is not conclusive as to any determination of habitability pursuant to the declaration.

(i) Mitigate further damage, including taking action to contract for the removal of debris and to prevent or mitigate the spread of fungus, including mold or mildew, by removing and disposing of wet drywall, insulation, carpet, cabinetry, or other fixtures on or within the association property.

(j) Notwithstanding a provision to the contrary, and regardless of whether such authority does not specifically appear in the declaration or other recorded governing documents, levy special assessments without a vote of the owners.

(k) Without owners’ approval, borrow money and pledge association assets as collateral to fund emergency repairs and carry out the duties of the association if operating funds are insufficient. This paragraph does not limit the general authority of the association to borrow money, subject to such restrictions contained in the declaration or other recorded governing documents.

(2) The authority granted under subsection (1) is limited to that time reasonably necessary to protect the health, safety, and welfare of the association and the parcel owners and their family members, tenants, guests, agents, or invitees, and to mitigate further damage and make emergency repairs.History.—s. 19, ch. 2014-133.

Tags Condominium, coronavirus, Covid-19, Emergency, Florida state of emergency, HOA, Rembaum Association Roundup, state of emergency No Comments »

The 7th annual Florida Community Association Journal’s Readers’ Choice Award winners have been announced!

The FLCAJ 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.

For the 7th year in a row, Campbell Property Management has won the Diamond Award, the highest level of recognition.

Over 8,500 votes were cast by FLCAJ readers for the 550 nominated companies, but only a few would be dubbed winners. Levels awarded for nominated winners are: Silver as fourth place, Gold as third place, Platinum as second place and the Diamond award as first place.

To see the other winners, click here.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags condo management, FLCAJ Awards, Highest rated management company in south florida, hoa company, hoa management, south florida management company No Comments »

There are now three confirmed cases of the Covid-19 virus in Florida: one in Manatee County and two in Hillsborough County. By the time you read this, there may be even more. As a result, Governor DeSantis has declared a State of Emergency. There is an increased risk for health care workers, individuals with respiratory and other underlying health issues, as well as the elderly.

Already, proactive boards and their management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact. We’ve received the following inquiries from several of our CALL members:

Can we prohibit all guests from entering the community?
Can we prohibit owners from undertaking renovation projects so we can prevent contractors and other workers from entering the property?
Can we prevent residents we know have traveled to any high-risk areas (China, South Korea, Iran and Italy) from returning to their units?
Can we ask potential purchasers and potential renters if they have traveled to any high-risk areas?
Does the State of Emergency mean the board now has emergency statutory powers?
Should we stop holding meetings?

While it is admirable that some community association boards are already gearing up for the inevitable spread of Covid-19, a balance must be struck in order to avoid panic. Overly restrictive protocol that unnecessarily impacts your residents’ freedoms and quality of life are not likely to withstand a potential legal challenge and they also will create unnecessary strain in your community. It is important to remember that not every private residential community will be impacted in the same way. In multifamily buildings where residents encounter each other frequently in the elevators, corridors, and other common areas, the need to address preventative measures is much more pressing than in an HOA with single family homes and no enclosed common areas.

It is not too soon for condominium, cooperative and HOA boards to be discussing the issue of Covid-19 with their residents. We’ve already suggested to our CALL Members statewide that the following protocol may be helpful:

Urge residents who have frequent guests to limit or reduce guest usage for the near future.
If there is Airbnb and other short-term rental activity occurring in your community that violates your governing documents, work with association counsel to curb that activity.
Place hand sanitizer stations in high traffic areas in the community.
Speak to association counsel before engaging in conversations with potential purchasers or potential renters about Covid-19 and their possible travel-related exposure.
Speak to association counsel about the applicability of emergency powers now that Governor DeSantis has declared a State of Emergency in Florida. Don’t assume that this means that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared.
Make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.
Let your residents know that if they are feeling ill or have any questions or concerns that they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121.

The board may also wish to pass a rule or update an existing rule to address the use of common areas such as the pool or clubhouse for private social events hosted by residents. That rule might limit the number of such events or the number of people that can attend. In terms of suspending meetings, the board needs to continue operating and administering the association’s business and meetings are a large part of that. In most communities, board meetings are so poorly attended that they are not likely to become an issue in terms of virus transmission. However, if your board is concerned, you can explore the use of all types of technology to broadcast the meetings live so people can watch in the privacy of their homes.

There is no doubt that the flames of anxiety are being stoked by the 24-hour news cycle coverage of Covid-19. Association residents will undoubtedly be looking to their elected boards and management professionals to set the right tone when dealing with this latest challenge.

By Donna DiMaggio Berger, CALL powered by Becker

Tags coronavirus, Covid-19 No Comments »

Did you just start as a new board member in your condominium or homeowner’s association in Florida? Yours is a thankless job, but someone must do it. At Campbell, we understand how challenging your job as a board member can be. It is impossible to make everyone happy, but that does not mean you should not try.

As a new board member, it is especially important that you are well educated on your community issues and have resources available to help you understand your role as a member of the board in addressing those issues. In order to streamline your education, we have pulled together some great information that will help you understand the what, why, where, when and how of serving on a community board in Florida.

Simply fill out the form below to receive the Board Member Primer for Community Associations in Florida.

This primer includes 11 short articles you should read to understand your role and other tips and advice for new board members.

If you are new to the board and need to get certified, you can attend a Campbell Board Certification Course, go to Campbellevents.org to see all our upcoming events.

Here are some blog posts featured on Florida Association News that may also be of use:

Committees creating more work than value? Check out our blog: 5 Keys to Effective Committees and 6 Tools to Fine-Tune Your Committees
Need to hire a new manager? Check out this blog: 7 Habits of a Highly Effective Property Manager
Board meetings too long? Check out our blog: 9 Steps to an Effective Board Meeting

We hope all these resources add value and make your job as a board member easier!

Good luck and thank you for volunteering!

by Dan Tiernan, COO, Campbell Property Management

Tags condo management, hoa management, New Board Member in Florida, New condo board member, New HOA Board member No Comments »

Rembaum’s Association Roundup

A great many streets in Florida’s residential communities are lined with oak trees. While they can look so appealing as a canopy, many of these trees can raise sidewalks and driveways. Their massive roots can grow into plumbing lines, cause various trip hazards and kill the grass, too.

Until recently, it was very problematic to remove these trees for a variety reasons. Moreover, it was also expensive to deal with all of the governmental red tape caused, in many instances, by over zealous city officials, such as the city forester, who requires strict compliance with the community’s original landscaping plans, etc. Well, the Florida legislature listened to stories of local government unreasonableness and did something about it to the great satisfaction of association members everywhere.

But, there is still a problem because many local governments refuse to accept that House Bill 1159 was passed into law in 2019. This new law prohibits a local government from requiring a notice, application, approval, permit, fee or mitigation for the pruning, trimming, or removal of a tree on residential property when an arborist or landscape architect documents that the tree presents a danger to persons or property. As an important FYI, mangroves are exempt and all existing requirements for mangrove trimming, etc., remain steadfastly in place.

Apparently, the problem of local government personnel ignoring this new law is so pervasive that on January 7, 2020, the Speaker of the Florida House of Representatives, Jose Oliva, sent a memo to all Local Government Officials alerting them that they need to follow this new law and that the House of Representatives will be “diligent in executing its oversight responsibilities in order to protect the rights of property owners and to prevent illegal governmental actions that interfere with these rights. WOW!!!

If your community has a problem with tree removal caused by local government officials perhaps showing them a copy of the memo might help. Also, be sure to alert your association’s attorney to the problem so that they can intercede on the association’s behalf.

This new law is codified in s. 163.045, Florida Statutes and provides as follows:

s. 163.045 Tree pruning, trimming, or removal on residential property.—

(1) A local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.

(2) A local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.

(3) This section does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321–403.9333.

Tags driveways', Florida Condominium, Florida HOA, Rembaum Association Roundup, sidewalks, Tree damage, Trees No Comments »

COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed

Rembaum’s Association Roundup

Protect Yourself from the Coronavirus

Operating Your Association During The Coronavirus Outbreak: Navigating the Turbulence

Exploiting the Coronavirus: Watch out for These Scams!

Operating Your Associations During the Coronavirus Outbreak

Special Coronavirus Emergency Powers Edition: Board Emergency Powers for Condominium, Cooperative & Homeowners’ Associations

Rembaum’s Association Roundup

The 7th Annual Florida Community Association Journal’s Readers’ Choice Award Winners have been Announced

CALL ALERT: Covid-19 and Your Residential Community

Are You a New Board Member? Congrats! Or, Condolences! Here are some Resources to Help Make Your Job Easier!

How To Remove Troublesome Trees

Rembaum’s Association Roundup

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