Blogs

2020 Amendments to the Florida Statutes Affecting Community Associations

By Hans Wahl, Esq posted 4 days ago
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Each year the Florida Legislature proposes amendments to various sections of the Florida Statutes, and some of those proposed amendments involve community association governance. Florida Governor DeSantis recently signed several proposed bills into law that took effect on July 1, 2020, and some of which address Florida’s community associations options for regulating issues involving emotional support animals, fireworks and law enforcement vehicles. Community associations throughout Florida must be aware of these new legislative changes for 2020 and ensure its operations moving forward are in compliance with any new Florida laws. SB 1084: Emotional Support ...
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A guide to safely reopen pools, gyms, and other amenities in HOAs/Condos

By Brian Bosscher posted 6 days ago
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It’s warm, it’s sunny and we all want to play outside. But this summer’s going to look a little different - okay a lot different - for everyone. While we better understand how to protect ourselves from COVID-19, we still have to be extra cautious about keeping our distance from others, washing our hands, and sanitizing surfaces that are frequently touched. Many government officials have now loosened restrictions on outdoor activities and facilities, but people who live or work in a densely populated condo or HOA communities should be prepared to make some adjustments when it comes to operating and using popular amenities such as basketball hoops, tennis courts, ...
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COVID 19 & Pools- Waivers, Insurance, Social Distancing Protocol, & More

By Crystal Gill posted 06-03-2020
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With everything that is going on in the world, if may seem overwhelming and near impossible to navigate through all the information that is being put out regarding pools & COVID 19. Protecting your HOA and HOA members is priority, so let's dive into where to start: 1. Know Your State Rules Regarding Opening Pools & COVID 19. The rules vary by state and should address occupancy cap amounts for both indoor and outdoor pools, disinfecting, social distancing protocol, and CDC Recommended Guidelines. 2. Waivers. If your  HOA is leaning towards opening their pool(s), you should make sure that your HOA is protected and that your HOA members are aware ...
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How to effectively track violations in your community

By Brian Bosscher posted 05-28-2020
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Your HOA rules were not made to be broken. They were created to protect your homeowners and the property that you all live on. Even well-managed communities have to deal with violations once and a while. People make mistakes and that’s okay. However, violations cannot be ignored. Issues must be addressed and resolved. Otherwise, there would be no reason for anyone to follow to rules. Let’s cover the why, how, and best practices for violation enforcement for condo and HOA communities.   Why the rules must be enforced Would it be easier to simply look the other way when someone does something that contradicts the CC&Rs, bylaws, or rules and regulations? ...
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It’s Time To End Traditional Property Management

By Peter Pietrzkiewicz posted 04-23-2020
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Traditional property management companies still use costly, outdated and inefficient processes to complete their work. Property managers are forced to manually go through a pile of documents, a process that is not only time consuming, but also allows for mismanagement and errors. This   reactive   work style frustrates modern residents and has a negative impact on the resident experience. Reactive property managers are always stressed-out as there are a lot of forces pulling them in different directions. Not only do they have to deal with frustrated residents and demanding board members, but they also must handle maintenance issues, budget planning, staffing ...
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Why Use Elevator Pads?

By Ro Nesheiwat posted 04-06-2020
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If you’ve ridden in a service or freight elevator, you might have noticed elevator pads on the walls. Here are some reasons why they’re important. Elevator padding protects the interior walls  When service elevators are carrying freight up and down all day, they can take a beating. With deliveries, moves and construction traffic, the elevator walls are often not a concern. The pads keep the walls of the elevator from getting scratched and dented. Fixing damaged elevator walls can be costly, and often requires the cab to be off-line while being repaired. This can be inconvenient for residents and staff alike. ...
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Using communication tools to limit in-person interactions in your community during COVID-19

By Brian Bosscher posted 04-02-2020
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Social distancing has become the new normal - at least for now. We’ve all had to drastically alter the way that we work and live to help prevent the spread of COVID-19. But that doesn’t mean we can’t remain connected during a time when we’re being asked to stay physically apart. In fact, it’s more important than ever for HOAs to maintain strong, consistent communication as they try to work through this global pandemic. COVID-19 is having a unique impact on HOAs It’s abundantly clear how contagious COVID-19 is. It is an infectious disease caused by a newly discovered coronavirus, and it spreads through saliva and droplets from the nose. The virus can live ...
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2020 State Legislative Trends – Part 1

By Dawn Bauman, CAE posted 02-19-2020
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As of today, 39 state legislatures have convened, and CAI is tracking more than 1,000 bills impacting community associations. Based on the bills that have been introduced this year and trends from last year, we anticipate our advocacy efforts will focus on several priorities, including affordable housing, construction defect warranties, reserve studies and funding, rentals (long and short-term), and covenants related to electric vehicle charging stations, political signs, solar power, and more. Today, we’ll discuss affordable housing, construction defect warranties, and reserve funding in community associations. Next week, we’ll discuss the other trends, ...
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"Community Enhancement" Grant Opportunity

By Mark C. Hall posted 11-25-2019
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HOA, POA & Condo GM's, Property Managers & Board Presidents, Looking for a way to fund a sorely needed project in your community? Safe Communities LLC has announced their 2020 "Community Enhancement" grant opportunity for projects valued between $500 - $50,000. This funding is available for various types of projects, including, but not limited to; Security Projects (speed signs, updated access control software, traffic hawk, virtual guard kiosk, etc...) Resident Safety Projects (pedestrian reflective vests, lighted crosswalks, lighted stop signs, etc...) Beautification Projects (landscaping, hardscaping, entry signage, etc...) Resident ...
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Protect the interior of your elevators with pads and mats!

By Ro Nesheiwat posted 09-16-2019
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Daily traffic, moves and construction can really do a number on elevator walls and floors. I've seen beautiful wood paneled walls ruined by construction materials, and tiled elevator floors scratched during moves. While the hope is that all the vendors passing through your property take the utmost care when riding the elevators, being proactive to protect your cabs will give you peace of mind.  Elevator wall pads and floor mats are a sure way to prevent accidental damage to the interior of your cabs, and help avoid high elevator repair costs.  For both passenger and freight elevators, hanging wall pads provide a first line of defense against damage. Mats ...
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ARC Guidelines

By Patti Messier posted 05-19-2019
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I live in a two year old Association.  The Declaration clearly states "NO VINYL FENCING".  The first family moved in a put up a solid white vinyl fence without permission.  The Developer added it to the rules never changed the Declaration.  After the turnover the ARC Committee approved white fences based on the rules only.  Residents noticed the rules were not in line with the Declaration so white fences were never allowed.  Our attorney advised us to grandfather the existing ones and not allow any more.  Interested in your thoughts.
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Get Involved in YOUR Community

By Robert Begley posted 05-01-2019
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Recently I attended a Community Association Institute (CAI) legislative conference. The overwhelming message that I came away with was that everyone involved in Common Interest communities needs to get involved and become part of the solution. Nationally and locally, we have great legislative committees, lobbyists and staff members dedicated to fighting for your property rights and the community management profession in general. The legislative professionals can get the doors opened but it is our job to walk on through that door and let our elected officials know how a particular piece of legislation will help or hurt our community, lifestyle, property value ...
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Major Accounting Changes for 2019 (ASC 606)

By Dale Douglas Mclain posted 04-18-2019
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For those of us who have community associations in states where financial statements prepared with Generally Accepted Accounting Principles (GAAP) are required, 2019 may be especially difficult.  Financial reporting has undergone significant changes in 2019 for those associations that report on the GAAP basis.  The main change to GAAP is the revenue recognition principles.  The new standards completely change how and when an association recognizes revenue.   Real Estate entities such as homeowners and condominium associations used to have their own carve out for recognizing members assessments in GAAP, contained in ASC 972.  Under ASC 972 associations would ...
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It's Gutter cleaning season! When is the right time?

By James Nies posted 04-12-2019
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Everything You Need to Know about Gutter Cleaning When is the Right Time to Have Your Gutters Cleaned? Understanding your Gutters and the Surroundings Noticing Risks around Your Gutters The case for Springtime Gutter Cleaning How Important is Fall Debris Removal for your Gutters? Repair or Replace Your Commercial Gutters Questions to Ask Your Gutter Technician Do My Gutters Need to be Cleaned During a Roof Replacement? Help! I Noticed Roofing Granules in My Gutter When Is the Right Time To Have Your Gutters Cleaned? Gutters tend to have a way of showing their wear and tear, particularly in poor weather. ...
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Considerations For Community Association’s Use Of Drones For Covenant Enforcement And Maintenance Inspections

By Hans Wahl, Esq posted 04-09-2019
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There are benefits to community associations using drones for issues such as covenant enforcement and common area maintenance.  The biggest of which is the cost effectiveness and efficiency of using drones instead of individuals to perform these inspections.  However, there are significant risks as well.  There are a number of considerations that community associations must weigh before using drone technology to carry out association purposes.  These considerations include federal and Florida laws, insurance and liability issues, potential governing document amendments, and membership objections and disputes. Federal Laws Concerning Community Association ...
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Community Development Districts in Florida: General Considerations

By Hans Wahl, Esq posted 03-25-2019
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A Community Development District (“CDD”) is a governmental unit created to serve the long-term specific needs of a community. Created under  Chapter 190 of the Florida Statutes, a CDD’s main powers are to plan, finance, construct, operate and maintain community-wide infrastructure and services specifically for the benefit of its residents. There are over 600 CDDs in Florida and many of the current community development districts were established between the housing boom of 2003-2008. Community Development District (CDD) Governance A CDD is governed by a Board of Supervisors which is elected initially by the landowners (i.e. developer), then begins ...
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Be aware of Common Board Member Mistakes

By Robert Begley posted 03-21-2019
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It can be a fulfilling experience serving on the board of a condo or homeowner’s association. Many members really enjoy the experience of being active in their community, assisting neighbors regarding association matters, and getting to know the members of their community better. Most board members take their positions seriously, and truly want to do the best job possible. The fact is that being a board member can be very challenging and there are a fair amount potential pitfalls and possible liability, and it can be all too easy to make mistakes. This can be harmful to an association. For these reasons it can be a huge advantage for the Association to work ...
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Board Eligibility: Who Is Allowed To Run In Community Association Elections And Serve On The Board Of Directors?

By Hans Wahl, Esq posted 03-12-2019
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Oftentimes, the eligibility requirements for serving on a condominium association’s board of directors is overlooked during election season.  This oversight can become a headache for associations if someone is elected to the board who was not eligible in the first place.  This post will discuss the limitations on who may serve on the board of directors for a condominium association. Board Eligibility The rules for eligibility are found within the Florida Condominium Act along with the association’s governing documents.  The Florida statutes provide a minimum threshold for eligibility, while many association governing documents provide additional ...
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Florida Condominium Association & Community Association Obligations: Repair Windows And Maintain Common Areas

By Hans Wahl, Esq posted 03-12-2019
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“ Who is going to fix this ?” and “ Who is going to pay for this ?” These are common questions facing unit owners and associations when condominium or community association property needs repair.  The answer will most likely be found in the association’s declarations, which typically describe the boundaries of each unit.  But sometimes the declarations fail to adequately describe those boundaries; and the fine line delineating who is obligated to repair becomes indiscernible and worse, debatable. This is especially true when describing windows, doors, sliders and skylights within the condominium or community association unit.   Because the materials used are ...
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Florida Law On Pre-Turnover And Post-Turnover Community Association Contracts

By Hans Wahl, Esq posted 02-04-2019
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Community associations are businesses.  Not only are they corporate entities, but they collect revenue (i.e., owner assessments) and incur expenses planned for through a yearly budget.  Just like any other business, community associations find themselves in unfavorable contractual relationships with other entities.  Unique to community associations, these entities often find themselves in undesireable contracts entered into by the developer prior to the owners having any say in the agreement or its terms.  This article will provide an overview of the community association members’ options and rights concerning pre-turnover contracts and post-turnover contracts. ...
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