Florida Association News Blog

Our community association clients often ask whether fining an owner for violating the governing documents of the association “is worth the effort?” We respond, “Well, that depends. Do you have a formal fining process in place and is the association following the statutory process to properly levy and impose fines.” A response we hear too frequently is “I’m really not sure. Can you help us verify we are following the correct procedure?”

When the Confusion Started
Part of the confusion among association boards over whether their association is imposing fines correctly is that the Florida Legislature changed the statutes under Florida’s Condominium Act (Chapter 718) and Florida’s Homeowners’ Association Act (Chapter 720) in 2015 that created confusion. Prior to this legislative change, legal practitioners, community association managers, and board members understood that a fine could be levied by a “Committee” (typically referred to as a “Fining Committee”) after first giving an owner a written warning of a violation of the governing documents. So long as the association provided the violator at least 14-days’ notice of a hearing before the Committee and opportunity to be heard before the Committee, the Committee could then vote to both impose a fine, as well as determine the amount of the fine or fines to be imposed. In 2015, the Florida Legislature made changes to § 718.303 and § 720.305, Florida Statutes, that created a two-step process, requiring the Board to first hold a meeting to “levy” a fine (i.e., vote whether to fine the member and for how much) and then the Fining Committee must then meet to vote whether to “confirm or reject” the fine(s) levied by the Board.

Imposing a Valid Fine Under Current Law
To impose a valid fine under current law, the first step is to provide the member a warning and the opportunity to cure the violation. Remember, a member is not only responsible for his or her conduct but also that of “the member’s tenants, guests, and invitees.” Therefore, we recommend focusing on fining the member. Your association may have other more effective ways of dealing with a tenant who violates your association’s governing documents directly, such as eviction (if expressly provided for in your association’s declaration). Next, if the member fails to take corrective action, then the board of directors must hold a duly noticed meeting to vote whether to “levy” a fine and set the amount of the fine not to exceed $100.00 (unless your association’s governing documents provide otherwise). If your community is fining its members, the board of directors should consult association counsel to verify that the governing documents comport with the statutory maximum “cap” on fines, whether per violation or the maximum that can be imposed for a continuing violation. After the Board votes to levy a fine or fines against a member and the amount to be levied, the fine is not considered “imposed” until the association provides the member with 14-days’ notice that the Board has voted to levy a fine against the member and that the member has the opportunity to be heard before the association’s Fining Committee. This notice must clearly state the date, time, and place of the hearing.

The Fining Committee must consist of at least three (3) members of the association who are not “officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee” of the association. See, e.g., FLA. STAT. §720.305(2)(b) (2018). The role of the Fining Committee is expressly limited to either “confirming or rejecting the fine or suspension levied by the board.” Id. Thus, it is not the Fining Committee’s role to grant extensions or otherwise change the amount of the fine levied by the Board. The Fining Committee should post notice of its meetings in the same manner as board meetings – at least 48 hours in advance and in a conspicuous place in the community. We also strongly recommend the Fining Committee keep minutes of its meetings, which need only summarize what took place at the meeting. Most importantly, the minutes should reflect that after considering all evidence presented as to each matter before the Committee, the Committee voted on each violation it considered and the outcome of the vote. If a majority of the Fining Committee does not approve the fine levied by the board, the fine may not be imposed (or collected). Also, depending on the reason for the Fining Committee’s decision to reject the fine(s), this could negatively impact the association’s ability to successfully pursue other remedies for the member’s violation. Therefore, the association’s representative should be prepared to present a compelling case to the Fining Committee to confirm the fine.

If the Fining Committee votes to confirm the fine, then “the fine payment is due 5 days after the date of the committee meeting at which the fine is approved.” Id. This payment due date was added to §718.303 and §718.305, Florida Statutes during the 2018 legislative session, effective July 1, 2018. These statutes require that the association provide written notice of the fine. Therefore, we recommend that the association provide the member written notice via certified mail, return receipt requested, and regular first class mail, that the Fining Committee voted in favor of accepting the board’s decision to levy the fine against the member in question and payment is due 5 days from the date of the notice. In the case of a homeowner’s association, if the fines for a continuing violation are at least $1,000.00, then the association may record a lien against the member’s Lot in accordance with the same procedure to collect assessments.

Can the Board Dispense with Voting to Levy Fines?
Depending on the size of the community or the frequency of violations, the board can become bogged down dealing with fines rather than focusing on operating the community. Many of our clients often inquire whether the board of directors can avoid voting to levy a fine on every violation committed by the membership. The most effective way to decrease the frequency that a board must vote on levying fines is to establish a formal covenant enforcement policy that not only clearly states the fining process from start to finish, but also contains a schedule of common violations that occur in the community and the amount of the fine that will be automatically levied without further board action after a member receives a warning letter. This allows the association to issue the 14-day notice to appear before the Fining Committee after a warning notice if the member persists with the violation conduct.

Where to Start?
Contact your association counsel to review your association’s current fining structure to determine what steps need to be made to maximize the deterrent affect of the association’s fining capabilities. Discuss any current fining schedules with counsel to determine where revisions should be made. Don’t miss out on the opportunity to utilize the fining process to enforce certain provisions of your governing documents prior to resorting to a legal proceeding to enforce your governing documents.

by Steven R. Braten, Shareholder, Rosenbaum PLLC

Tags Fining Committee, Florida Board of Directors, Florida Condo Fining Committee, Florida HOA Fining Committee No Comments »

Community associations have an interest in the safety and integrity of their communities. Generally speaking, boards of community associations would like to be reasonably certain that potential owners, renters and other occupants have the financial capability to meet their financial obligations. Also of concern are potential purchasers’ and tenants’ criminal backgrounds, if any, so as to avoid endangering the overall safety and welfare of the community.

To address these concerns, many associations have purchaser and tenant approval procedures set out in their governing documents, usually the declaration, which often authorize the association to obtain “consumer information reports” on all applicants as part of the screening process. This leads to the question of when and how a community association can utilize a background check that includes both a credit report and criminal history.

The first step is to determine if the governing documents provide for the approval process. The second step is to ensure there is meaningful criteria by which to evaluate the results of the consumer information report. The consumer information report (a/k/a the background check) is typically compiled by a consumer reporting agency or company, which is engaged in the business of gathering credit scores, reports on previous rental history, criminal background information, employer history, and verification of income amongst other information. The consumer information report cannot be used for any other purpose other than for the determination of approval. Importantly, it cannot be used in a discriminatory manner to reject housing based on race, color, religion, national origin, sex, disability, or familial status.

If the community association makes an unfavorable determination on the applicant’s status based on information contained in the consumer report, then the association MUST provide certain information to the applicant pursuant to the terms of the Federal Fair Credit Reporting Act.

1. The association must provide the applicant verbal or written notice that the applicant was denied based on the information supplied in the consumer report.
2. The verbal or written notice of adverse determination must include:
a) the name, address, and phone number of the consumer reporting company that supplied the report,
b) a statement that the company that supplied the report did not make the decision for the unfavorable action and cannot give reasons for the denial;
c) a notice of the applicant’s right to dispute the accuracy and completeness of the information in the credit report and that the applicant may request a free report from the credit reporting company within 60 days.

For the protection of the association, this notification should always be done in writing so as to provide proof positive of compliance with the Fair Credit Reporting Act. Additionally, there are local Broward and Miami-Dade County Ordinances requiring that a written notice be mailed to the rejected applicant which provides with some degree of specificity the basis for the disapproval, in addition to the notice required by the Federal Fair Credit Reporting Act.

The information that the association relied on in making the adverse determination CANNOT be released to the applicant, but the applicant may request from the credit reporting agency to see the information in the consumer information report and correct any inaccurate information. Even if the information provided a small role in the total determination of the application, the applicant must be provided the required notice by the association.

What is to be done with the consumer information report after a decision has been made? The general rule is that all information in the consumer report must be destroyed in such a manner that it cannot be reconstructed. But arguably, Florida law requires community associations to keep such records, as all written records of an association must generally be kept for seven years. Therefore, the association will want to store the consumer report in the applicant’s file, which will need to be designated as confidential with restricted access. It is NOT part of the official records open to inspection and, thus, not available upon a request to inspect the association’s official records.

If a declaration has general language providing for the purchaser and tenant approval but does not provide the standards and procedures necessary to make such a decision, then on all likelihood the association’s approval is on thin ice and subject to challenge. This is a good time to check your declaration and seek advice from the association’s lawyer as to whether your association’s declaration approval process needs to be updated.

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 Community Governing Documents, Consumer Reporting, Florida Condominium, Florida HOA 1 Comment

Image result for Section 718.113(2)(a), Florida Statutes Can a Board of Directors vote on material alterations to a condominium building without a member vote? You may be surprised by the answer.

Section 718.113(2)(a), Florida Statutes, contains a well-known restriction on “material alterations” to the common elements of a condominium building, which provides as follows:

Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property,except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018.

(Emphasis added) Thus, unless the condominium association’s declaration (either originally or through amendment) expressly provides for another method of making “material alterations or substantial additions,” a seventy-five percent (75%) vote of the total voting interests of the association is required, and, as of July 1, 2018, is required to be taken before the material alteration or substantial addition is commenced.

On June 20, 2018, the Fourth District Court of Appeal, which hears appeals from state court cases originating from Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee Counties, issued a decision interpreting a condominium association’s documents and the above statute. In that case, Lenzi v. The Regency Town Association, Inc., the declaration provided that “such alterations or improvements” to common property could be made simply with approval of the Board of Directors, and there was no separate provision specifically addressing “material alterations.” In the Lenzi case, the Board voted to change the flooring in the lobby from Carrara marble to ceramic tile. An owner filed a petition for arbitration arguing that the Board vote was improper, because the declaration did not address material alterations; thus, the owner argued that section 718.113(2)(a) controlled and a seventy-five percent (75%) unit-owner vote was required.

After Division and trial court proceedings, the owner appealed to the Fourth District Court of Appeal. That Court found that “it is clear that ‘alterations’ refers to all alterations, not only non-material alterations.” The District Court explained that unless terms are expressly defined, “terms ‘should be given their plain and unambiguous meaning as understood by the “man-on-the-street.” The Fourth District concluded that because the declaration included a provision providing for Board approval of alterations, this included material alterations, and the Board could approve material alterations without a seventy-five percent (75%) unit-owner vote.

We recommend all condominium Board members and unit owners examine their declarations, and any amendments to the declaration, to see what authority the Board of Directors has over material alterations—it may be broader than you think. Keep in mind that the declaration can also be amended to reduce the stringent seventy-five percent (75%) requirement, which in some circumstances, can be a substantial benefit to the association. Finally, keep in mind that as of July 1, 2018, if a vote of the unit owners is required, it must be obtained before the material alteration begins.

by Lauren B. Feffer, Shareholder, Rosenbaum PLLC

Tags Florida material alteration cases, Material alterations for florida condos 3 Comments

PBC Water Where does your community get it’s water? If it’s from Palm Beach County Water Utilities District (PBCWUD) please read the notice below regarding their plan to flush eastern lines with Chlorine beginning July 8, 2018 through July 29, 2018.

There are over 30 Water Utility Service Areas in Palm Beach County. Many of the cities provide their own service: Boca Raton, Boynton Beach, Highland Beach, Lake Worth, Palm Beach, Riviera Beach, Wellington, West Palm Beach, etc.,

However, more than ½ of Palm Beach County is serviced by PBCWUD, including much of the west side of the county. A map of water utility service coverage can be found by clicking here.

by Dan Tiernan, COO, Campbell Property Management

NOTICE FROM PBCWUD – Palm Beach County Water Utilities District (PBCWUD) to Flush Lines with Chlorine Beginning July 8, 2018

In order to maintain compliance with regulatory water quality requirements in the water distribution system, the Palm Beach County Water Utilities Department (PBCWUD) will temporarily modify its water disinfection process between Sunday, July 8 and Sunday, July 29, 2018.

The modification will entail the use of free chlorine as opposed to chloramine during the three-week period.

Periodic modifications to the water disinfection process are standard practice and recommended by the Palm Beach County Health Department as a precautionary measure to maintain high water quality in the county’s water distribution system.

Customers served by PBCWUD may notice a slight chlorine taste and odor during this period. These conditions are temporary and will not cause any adverse health effects.

Those who are especially sensitive to the taste or odor of chlorine can keep an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate.

Users of home dialysis machines, owners of tropical fish and managers of stores and restaurants with fish and shellfish holding tanks are advised to seek professional advice as the method of removing free chlorine residuals differs from removing chloramine residuals.

Anyone needing more information on this temporary change in the water disinfection process is advised to call PBCWUD at (561) 740-4600, option #1.

To find the most up-to-date information concerning the Palm Beach County Water Utilities Department water distribution and wastewater collection systems, follow the department on Facebook and Twitter @PBCWUD.

To see the full article for additional data, please click here.

Tags Flushing Lines with Chlorine, PBCWUD No Comments »

Generally speaking, as a result of sections 720.3085 and 718.116, Florida Statutes, lenders who acquire property as a result of their own foreclosure of their first mortgage against their borrower only owe the association the lesser of 12 months back assessments or 1% of the initial mortgage, whichever is less. This is referred to as the lender’s “safe harbor” obligation. But, if the lender refuses to make timely payment to the association, is the lender also responsible for the costs and fees incurred by the association or is the lender only responsible for the “safe harbor” obligation? This was at issue in Emerald Estates Community Association v. U. S. Bank National Association, as decided by Florida’s Fourth District Court of Appeal on April 4, 2018.

Ultimately, U.S. Bank paid Emerald Estates Community Association the “safe harbor” monies it owed. Under protest, it also paid the costs and attorney’s fees incurred and demanded by the association for its collection efforts associated with the unpaid assessments. Then, U.S. Bank filed a lawsuit against the association. U.S. Bank asserted it was only required to pay the 12 months of unpaid assessments that accrued prior to the bank taking title and demanded reimbursement of the costs and attorney’s fees associated with the association’s collection efforts that were incurred due to the unpaid assessments that accrued after U.S. Bank acquired title. The trial court agreed with U.S. Bank and granted a summary judgment in its favor. (A trial court grants a “motion for summary judgement”, when there are no disputed material facts and the moving party is entitled to judgement as a matter of law.) In granting U.S. Bank’s motion for summary judgment, the trial court reasoned that the association was not permitted to charge for costs and attorney’s fees that accrued prior to U.S. Bank taking title. Thereafter, the association appealed the trial court’s decision.

While the appellate court agreed with the trial court’s aforementioned position, that the association was not permitted to charge for costs and attorney’s fees that accrued prior to U.S. Bank taking title, the appellate court also correctly noted that the association was claiming reimbursement for costs and attorney’s fees incurred in its collection efforts associated with the unpaid assessments which accrued after U.S. Bank acquired title.

The Fourth District Court of Appeal reasoned that when the motion for summary judgment decided in favor of U.S. Bank was granted by the trial court, a genuine issue of material fact did, in fact, exist as to whether the association’s requested costs and attorney’s fees associated with the unpaid assessments accrued before or after U.S. Bank acquired the property. Therefore, the appellate court reversed the entry of the trial court’s summary judgment and remanded the case back to the trial court so a determination could be made as to when the association incurred the costs and attorney’s fees it demanded U.S. Bank pay – before or after U.S. Bank took title.

What can be gleaned from the Fourth District Court of Appeal’s decision? If the appellate court did not believe that U.S. Bank could be responsible for the association’s attorney’s fees and costs that were incurred after U.S. Bank acquired title, then the appellate court would not have remanded the case back to the trial court. Sadly, the case does not address whether U.S. Bank, in addition to not paying its “safe harbor” obligation, also failed to pay the regular assessments that came due after U.S. Bank acquired ownership of the property. Nevertheless, without addressing it head on, this appellate court decision strongly infers that if a first mortgage lender acquires title as a result of its own foreclosure, and then the lender fails to timely pay its “safe harbor” obligation, and likely other assessments that came due after the lender acquired title, too, then the lender is responsible for the association’s attorney’s fees and costs incurred in its collection/foreclosure efforts against the lender.

Tags Florida 720, Florida Mortgage, Safe Harbor 1 Comment

In addition to House Bill 841, containing this year’s community association legislation, as discussed in prior articles, there are several other pieces of legislation that have made their way through the 2018 Florida legislative session and are now signed into law by Governor Scott that affect, or are of interest to, community associations. The following is a digest explanation of some of these newest laws:

MARKETABLE RECORD TITLE ACT
House Bill 617. Approved by Governor 3/21/2018. Effective 10/1/2018

It is clarified that Part III of Chapter 720, Florida Statutes, is intended to provide mechanisms for the revitalization of covenants or restrictions for all types of communities and property associations and is not solely limited to residential communities. In plain English, this means that commercial associations can both preserve and revitalize their covenants. As such, and as you will read below, the terms used in other statutory sections affected by this change are also changed. A new summary process to preserve the covenants is also included in the legislation.

Short Title – Chapter 712 of the Florida Statutes is given the short title, “Marketable Record Title Act.”

Definitions – Terms and definitions were added and revised to the Marketable Record Title Act.

The new term “community covenant or restriction” is defined to mean any agreement or limitation contained in a document recorded in the public records of the county in which a parcel is located which subjects the parcel to any use restriction that may be enforced by a property owners’ association or authorizes a property owners’ association to impose a charge or assessment against the parcel or the parcel owner.

The term “homeowners’ association” is replaced by the term “property owners’ association” which term also includes a corporation or other entity responsible for the operation of property in which the voting membership is made up of the owners of the property and/or their agents and membership is a mandatory condition of property ownership.

The definition for the term “parcel” is revised to remove the requirement that the real property be residential and be subject to exclusive ownership.

Finally, the definition for the term “covenant or restriction” was simplified to remove reference to enforcement of such covenant or restriction by a homeowners’ association or the Florida Department of Environmental Protection and authorization of a homeowners’ association to impose a charge or assessment against the parcel or the parcel owner.

Preservation of Covenants Process – Any person claiming an interest in land or other right subject to extinguishment under the Marketable Record Title Act will be able to preserve such right by filing a written notice in accordance with the Marketable Record Title Act at any time during the 30-year period immediately following the effective date of the root of title. As to a property owners’ association, preservation may be accomplished in one of three ways:

by filing a written notice in accordance with the Marketable Record Title Act, which is a process currently available;
by filing a summary notice in accordance with section 720.3032(2), Florida Statutes, (a new statute); or
by filing an amendment to a covenant or restriction indexed under the legal name of the property owners’ association which references the recording information of the covenant or restriction being preserved.

In the event a summary notice or amendment filing is not “indexed” to the current owners of the property affected by the preservation, the validity of the summary notice or the amendment to protect the covenants or restrictions is not affected.

An association is no longer required to mail a seven-day notice to the members providing the statement of marketable title action and the association’s board is no longer required to approve the preservation.

At the first board meeting, excluding the organizational meeting, which follows the annual meeting of the members, the board must consider the desirability of filing notices to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act and to authorize and direct the appropriate officer to file notice in accordance with section 720.3032, Florida Statutes. This was added as a constant reminder to Boards to prevent inadvertent extinguishment of existing covenants.

As to the existing “notice” method to preserve, the requirements of what must be in the notice have been clarified and revised to reflect and accommodate the newly defined terms.

As to the new method of preservation by summary notice, a new section 720.3032(2), Florida Statutes, is created to provide for preservation by the recording of a summary notice containing the following information:

The legal name of the association.
The mailing and physical addresses of the association.
The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.
The name, address, and telephone number for the current community association management company or community association manager, if any.
Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act.
A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.
The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.
The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.

This new section provides a form which satisfies the required information, as set out above. The originally executed notice must be recorded in the official records of the applicable circuit court clerk or county. A copy of the notice, as recorded, must be included with the next meeting notice or other mailing to all members.

Revitalization of Covenants – A new section 712.12 is added to the Marketable Record Title Act regarding the revitalization of covenants by parcel owners who are not subject to a homeowners’ association.

This new section sets out its own defined terms, including the term “parcel,” which, unlike for the preservation of covenants, is required to be residential and subject to exclusive ownership.

The term “covenant or restriction,” which is defined to mean any agreement or limitation imposed by a private party and not required by a governmental agency as a condition of a development permit which is contained in a document recorded in the public records of the county in which a parcel is located and which subjects the parcel to any use restriction that may be enforced by a parcel owner.

This new section allows for the revitalization of covenants by parcel owners who are not subject to a homeowners’ association by the same revitalization procedures as applicable to a homeowners’ association, except that there is no need to reference a homeowners’ association or articles of incorporation or bylaws of a homeowners’ association.

The approval necessary to revitalize must be in writing, and not at a meeting.

An organizing committee, as opposed to the president and secretary of a homeowners’ association, may execute the revitalized covenants or restrictions; and the community name in the covenants or restrictions are indexed as the grantee and the parcel owners are indexed as the grantors.

Newly created owner rights – The owner of a parcel that has ceased to be governed by covenants or restrictions as of October 1, 2018 may commence an action by October 1, 2019 for a judicial determination that the covenants or restrictions did not govern that parcel as of October 1, 2018 and that any revitalization of such covenants or restrictions as to that parcel would unconstitutionally deprive the parcel owner of rights or property. Revitalization of covenants or restrictions against the parcel after such judicial determination is not affective against the parcel, and the rights of the parcel owner so recognized may not be subsequently altered by revived covenants or restrictions without the consent of the affected parcel owner.

SURPLUS LANDS BEING SOLD BY WATER MANAGEMENT DISTRICT
House Bill 703. Approved by Governor 3/23/2018. Effective 7/1/2018.

Notice of Intention to Sell Surplus Land – In addition to providing newspaper notice of its intention to sell surplus land, a water management district must also publish such notice on its website. The first publication of the notice must occur at least 30 days, nor more than 360 days, before any sale is approved by the district.

Adjacent Property Owners – Certain surplus lands may be offered for sale to “adjacent land owners,” meaning, those owners whose property abuts the surplus lands. If the surplus lands are offered for sale to adjacent property owners, notice of the intention to sell need only be published once and must be sent to the adjacent property owners by certified mail and published on the district’s website. If the surplus lands are not sold to an adjacent property owner, the district may sell the lands at any time to the general public for the highest price obtainable.

Tags 2018 Florida Legislature, Florida HOA, Florida Legislature, Marketable Record Title Act, MRTA No Comments »

Hurricane season starts on June 1. Has your Florida community association started taking the necessary steps to be well prepared for any possible storms this season? If your association has not begun preparing, then now is the time to get ready.

Here are some tips on how to prepare your Florida community association for this year’s hurricane season:

Evacuation Routes – Make sure residents are aware of what to do and where to go in case of an emergency. You can post this information in the hallways, at the gatehouse, by elevators, and any other common areas.
Distribute Important Information – Provide the residents with packets containing important details such as contact information for the property manager, management company, local food stores and shelters, and local police and fire departments.
Protect your property – Proper landscaping techniques may reduce damage to your property caused by storms and may facilitate debris removal after the storm. For a more detailed look into preparing your landscape for hurricane season, click here.
Emergency Kit – If you don’t already have one, create an emergency kit. This can include first aid supplies, flashlights, batteries, water, and whatever else you may need in case of emergency.
Checking Power Outages – You can check the FPL Power Tracker map which displays what areas currently have power outages. The site can also be used to report a power outage. You can check out the site by clicking here.
Back Up Your Data – You may want to back up important files to the cloud, CDs, or external hard drives. Additionally, print out hard copies of contact information for your association vendors, names of property owners, and association employees.
Keep Some Cash – Before the storm, withdraw some cash since some stores may not be able to process credit cards shortly after the storm. Also keep a list of bank account numbers and hand-written checks.
Secure Facilities – Make sure your association’s facilities are readily protected by covering windows, doors, and closing gyms, pools, and clubhouses.
Insurance – Make sure all insurance policies are current. Additionally, keep a copy of contact details for your insurance company handy in case you need it after the storm. It would also be helpful to take pictures/videos of the property before a storm to facilitate damage assessment after the storm.
Damage Restoration – Keep a list of preferred restoration companies in case significant damage occurs to your property.

by Ashley Dietz Gray, Marketing Director, Campbell Property Management

Tags Florida Condominium, Florida HOA, Florida Hurricane Season, Hurricane damage, Hurricane Preparedness for Condos, Hurricane Preparedness for HOAs No Comments »

Summer is right around the corner and with it comes the dreaded hurricane season. Floridians know that hurricanes bring significant damage not only to properties but to landscapes as well. Therefore, it is important to be prepared for these storms by sheltering your home and making sure you have stocked up on food, water and other essentials.

The work is not done, however. We often overlook a very important part of our homes, the landscape. During storms, flying debris from poorly tended landscapes can result in notable damage and injury.

The following are some tips on how to prepare your landscape and mitigate damage:

Consider swapping out gravel for soft mulch in your plant beds. Gravel can potentially become a projectile during storms.
Bring indoors any potted plants, tools, furniture, and yard decorations before the storm.
Check drainage areas and gutters. If these areas are clogged, storm waters won’t be able to slow and may cause additional flooding.
Trim dead, damaged, and diseased limbs as well as those that are close to your home or any power lines.
If you have palm trees on your property, remove any coconuts, large palm seeds, or dead branches.
Do not “hatrack” your trees. Hatracking is when you cut off the top of a tree’s canopy. Doing this kills the tree and does not make it any safer during a storm. No more than 25% of leaves and branches should be trimmed.
Do not “lion tail” your trees. This is when you cut the smaller branches off from larger branches which results in all the foliage being left at the end of each branch. Doing this makes the tree top heavy.
Turn off your irrigation system.
Make sure to dispose of all tree cuttings, branches, and stumps in your yard.

It is best to trim back trees and take certain precautions now. Using these tips may better prepare your home for the upcoming hurricane season.

by Shane Humble, Complete Property Maintenance, Inc.

Tags Florida Condominium, Florida HOA, Florida Hurricane Season, Hurricane damage, Hurricane Preparedness for Condos, Hurricane Preparedness for HOAs, Landscaping 1 Comment

HD Antenna 1

Preparing for hurricane season brings a laundry list of to-do items to ensure you and your family are safe before, during and after the storm. Often times, we remember to fill our gas tanks and stock up on water, non-perishable food and generators; however, especially in our mobile, on-the-go world, we forget to have an alternative plan to watch TV.

While your mobile phone can provide updates on the storm, your phone’s battery is valuable to be able to contact family and friends or first responders in an emergency.

The best way to prepare for a hurricane so that you can still watch TV, should the video or satellite signal be knocked out, is to invest in an HD TV antenna. This antenna allows you to receive approximately 50 channels in HD, including local broadcast stations, over the air waves. The latest designs for HD TV antennas are sleek and inconspicuous.

If you lose power and don’t have a backup generator, then you will need to have a digital ready TV that can be run on batteries (make sure you have fresh set in your hurricane preparedness kit). If your video or satellite signal fails and you still have power, you can watch TV by disconnecting the cable from the back of the TV set and then hooking up the HD TV antenna to the back of the TV. The best thing to have during a power outage is a battery operated digital ready TV set with an external antenna. Once you have an external antenna, don’t forget to go to the menu on your TV and choose “external antenna” and scan for the channels. When your video and satellite signal returns, be sure to go back to the menu on your TV and choose “cable” and scan your TV once again.

It’s important to note that with a digital signal, it’s “all or nothing” meaning if the digital transmission signal is weak, there’s no such thing as a bad picture (like with analog signal). With a weak digital signal, you won’t get any type of sound or picture, so it’s best to spend a bit more on a good quality antenna.

posted by Sarah Wattick, Director of Strategic Marketing & Communications, Converged Services

Tags Florida Hurricane Season, Hurricane Preparedness for Condos, Hurricane Preparedness for HOAs No Comments »

Although many boards have the required knowledge, level of commitment, and selfless attitude needed to handle things correctly, things do not always go smoothly. Even when the association has a management company, mistakes sometimes are made by board members, whom are the final decision makers. A lot of boards seem to face the same challenges in Florida and Illinois, click here to read about the top 10 board member blunders.

by Dan Tiernan, COO, Campbell Property Management

Tags Florida Condo Board Members, Florida HOA Board Members, Top 10 Board Member Blunders, Top 10 board member blunders in condos, Top 10 board member blunders in HOAs 1 Comment

To Fine Or Not To Fine, That Is The Question?

Use of Consumer Reports In Determining Approval For Sales And Leases – Is Your Association In Compliance?

Who “Declares” What Alterations Are Made?

Palm Beach County Water Utilities District (PBCWUD) to Flush Lines with Chlorine Beginning July 8, 2018

Is a First Mortgagee’s “Safe Harbor” Obligations Expanded?

Other 2018 Legislation Affecting Community Associations– A Continuing Series

Preparing Your Florida Community Association for Hurricane Season

Prepare to Protect – Proper Landscaping for Hurricane Season

Ensure Your TV is Hurricane Ready

The Top 10 Board Member Blunders

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