NEFLCAI.COM
Northeast Florida Chapter Community Associations Institute
VOL. 3 | ISS. 3
A Publication for Community Association Volunteer Leaders, Professional Managers and Business Partners
SAVE THE DATE CAI GALA DEC 3RD
THE COMMUNITY CONNECTION
2 | THE COMMUNITY CONNECTION
CONTENTS 8
Association Finances Under Siege by the Courts Robert L. Tankel of Tankel Law Group
DEPARTMENTS AND MORE 4, 17
Sponsorship Spotlight
5
Message from the President
6
Welcome New Members
6
Editorial Calendar
19
Upcoming Events
21
Event Recap
22
Save the Date!
9
Formosan Termites in Jacksonville Jerry Hall of McCall Service
11
Don’t Deplete Your Association’s Financial Resources Georgia Miller of BB&T
13
Aging in Place Jolita Brazzano REALTOR/LCAM, SRES, CMCA, Brazzano Real Estate & Management, LLC
15
7 Travel Tips for Your Money & Identity Wayne Howell of Herbie Wiles Insurance
NEFCCAI MISSION STATEMENT Providing education, networking, resources and advocacy for Community Associations in Northeast Florida and the professionals and volunteers who serve them.
We welcome suggestions and comments. Address your comments to: The Community Connection 9802 Baymeadows Road #12, PMB 201 Jacksonville, FL 32256
We also welcome article submissions from our members. For guidelines, please contact Leslie Pragasam at leslie@aquaticsystems.com. Articles may be edited for length and clarity. August 2016 | www.neflcai.com | 3
Sponsorship Spotlight Angius & Terry LLP ANGIUS & TERRY LLP, a 2016 Diamond chapter sponsor, is a construction defect law firm that helps community associations with TRANSITION FROM THE DEVELOPER. We work to make sure all appropriate documents and funds are transferred to the association and that control of the association governance is properly transferred to the homeowners. If there are issues with the construction of the community, we are there to help resolve those issues as well, through litigation if necessary. We have been in business for over 30 years and have recovered over $400 Million for our association clients to repair construction defects. We handle construction defect cases on a contingency basis, which means that we advance ALL fees and costs—both for attorneys and for investigation, and the client has no duty to pay any of those fees and costs unless we obtain a recovery. Offices in the Tampa Bay Area (Palm Harbor) and Sarasota. By appointment in Miami, Ft. Myers, Orlando and Jacksonville.
Valley National Bank Valley National Bank, a 2016 Gold chapter sponsor, originated in 1927 and currently operates over 200 branch locations in the Florida, New Jersey and New York areas. Valley offers a unique collection of products and services for homeowner associations, condominium associations and property manage ment companies throughout Florida. Products include Lockbox service which streamlines the processing of homeowner association dues with a customized payment file to automatically update the property management company’s accounting software. Other products available include Remote Deposit Capture, ACH, and Money Market accounts for associations’ excess operating and reserve funds. Valley National Bank also assists associations with loans to finance renovation projects, repairs, equipment purchases and insurance premium financing. Some projects in the Northeast Florida area include a repiping project, repaving, residing, window replacement, paver installation, new entranceway signage and a balcony replacement project. Cindy Craft Dunlop has been with Valley National Bank (formerly CNLBank) for 10 years as a Commercial Relationship Manager and served as the NEFL Chapter of CAI’s President in 2015. Cindy has been assisting property management companies and associations for over 8 years as well as business owners and professionals for 28 years in the Northeast Florida area. Her approach is consultative and educational with a strong emphasis on service. Please contact Cindy for assistance at (904) 8998022 or cdunlop@valleynationalbank.com. See page 17 for Lake and Wetland Management's Sponsorship Spotlight
2016 CHAPTER SPONSORS Diamond
Gold
S
ummer vacation (wait, what vacation?) is drawing to an end and many students are preparing to head back for a new school year. For the Northeast Florida Chapter of CAI, however, school is always in session! We have had a great number of education events hosted by the chapter over the last few months. In May we had a great Chapter lunch discussing fire and disaster prevention and response. In June our CAMs were able to attend a Continuing Education Unit (CEU) course on service and support animals. Just recently we held another CEU course on legislative changes from 2015. We also had a very informative Chapter lunch in July discussing Formosa termites and the Zika virus – extremely timely topics. Our June social at the San Sebastian Winery was a great success with over forty (40) guests enjoying a tour of the facility along with food and wine pairings. We’re really looking forward to our next social on August 26 at the Baseball Grounds of Jacksonville to take in a Jacksonville Suns game! Our golf outings also have been a lot of fun, with our last event having 11 dedicated golfers braving the heat at Blue Sky Golf Course in Jacksonville. As you can see, we always have something fun going on in addition to our very timely education events.
from the president
OFFICERS President Ed Ronsman Presidentelect James Dycus Secretary Sherry McNees Treasurer Bob Chamberlain Director Mitchell Mattocks Executive Director Stephanie Peluyera COMMITTEE CHAIRS Membership Marilyn Clayton Financial Bob Chamberlain Gala Kevin Flanagan Golf Kevin Flanagan Social David Robinson Program/Education Pilar Willis Dixon & Patty Stewart The Community Connection Editor Leslie F. Pragasam Editorial Committee John Vick, Valerie Bethea, Roy Shimp, Katie Cabanillas
As you may know, we are in the middle of a membership drive to try and increase the size of our chapter and really demonstrate the benefits of a CAI membership. It’s not too late to recruit new members and have a chance at winning at $100 recruiter of the month and $500/$1000 recruiter of the summer award! Managers and Business Partners should consider including CAI membership for the Board of Directors of communities as both a great added benefit for utilizing your company, and as a way to provide additional education and information to CAVLs. CAI membership provides an oppor tunity to obtain competitive professional designations, as well as educational and networking opportunities for all members. Put simply, the more our chapter grows, the more you as members benefit from additional events. Thank you for your time spent in making this Chapter great and I hope to see you at an upcoming event soon.
Silver Allied Universal Aquatic Systems, Inc. BB&T Association Services Gunster, Yoakley & Stewart, P.A. Jackson Law Group MAY Management Services UnionBank HOA Services
Sincerely, Ed Ronsman, Esq. Chapter President
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Welcome New Members NEFCCAI proudly welcomes the following members who joined the chapter in May, June & July
chapter news
Individual Managers Jill Flores – CCMC Brenda Pritchard – Horizon Realty Management, Inc. Michelle Brown CMC of Jacksonville Marilyn Clayton CMC of Jacksonville Phillip Lo Sauro CMC of Jacksonville Business Partners Ed Pazden – Kipcon, Inc. Ron Mans Coastal Construction Products Public Interest Partner Stephen T. Belding HUD
THE COMMUNITY CONNECTION EDITORIAL CALENDAR
Month November 2016 January 2017 April 2017 July 2017 October 2017
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Article/Submissions Due September 1, 2016 November 1, 2016 February 1, 2017 May 1, 2017 August 1, 2017
Ads Due September 17, 2016 November 17, 2016 February 17, 2017 May 17, 2017 August 17, 2017
For more information on NEFLCAI meetings or upcoming events, contact Stephanie Peluyera, chapter CED, at info@neflcai.com or visit www.neflcai.com
August 26
Suns Game Social
Take me out to the ballgame & have fun while networking! Start your weekend early with an all you can eat buffet, drinks & FUN!!
6 pm Baseball Grounds of Jacksonville 301 A Philip Randolph Blvd. Jacksonville, FL 32202 Member
Nonmember
$25 FREE
$30
Visit http://sunsgame.eventzill a.net/ to register online.
September 15
Chapter Luncheon 11:30 am Maggiano's Little Italy 10367 Midtown Pkwy. Jacksonville, Florida 32246 Registration Fees Member CAVL $10 Manager $20 Business Partner $30
Join us for lunch, networking & a panel discussion from professionals in the industry.
Visit http://everythingoutdoors Nonmember .eventzilla.net/ to register online. $15 $25 $35
September 22
Golf Outing
FORE! All levels are welcome, so join us for a 9 hole scramble & networking.
5:30 pm St. Johns Golf & Country Club 205 St Johns Golf Dr St Augustine, FL 32092 Visit http://septembergolf.eve Registration Fees Member Nonmember ntzilla.net/ to register online. All $30 $35
October 22
Education Event
Common mistakes made at community board meetings could cost your Association big time! This session is perfect for CAVLs!
9:30 am Location TBD Registration Fees Member Nonmember Visit http://meetingmistakes.eventzill All FREE $5 a.net/ to register online.
events
Registration Fees Adults Children under 3
Association Finances Under SiegeBy The Courts Provided by Robert L. Tankel of Tankel Law Group
In the past few years efforts of asso ciations and assessment collectors of unpaid amounts alleged to be due on foreclosure have resulted in a num ber of decisions limiting the ability of associations to recover delinquent sums when mortgages are fore closed. This article examines current case law and requests a proper ana lysis to minimize damage to associ ations on foreclosure.
note that the Florida Constitution prohibits the Legislature from passing laws that retroactively impair obliga tions of existing contracts. Statutes passed today cannot impair the rights of the parties to a Declaration of Con dominium that is recorded today, un less it incorporates future changes to the law, which few do.
The consequences of all those de mands and litigation meant that eventually some lenders would push back and take the matters to courts of appeal. Trial court after trial court decision piled up against the de mands for interest, attorney fees and other amounts eventually made it to the courts of appeal.
At the worst of the real estate crash With that background in mind recall post 2007, there were about a half those terrible days of hundreds of Some background is in order. Before million first mortgage foreclosures thousands of mortgage foreclosures, 1992 when a first mortgage fore going on in Florida, associations were 30% delinquencies, 800+ days to closed, the Condominium Act did not desperate for some relief so the foreclosure judgment and associ address the issue of whether unpaid private sector stepped up with a pro ations with no money, with seemingly assessments accruing before the posal. A number of companies be nowhere to turn. sale were recoverable from the buyer gan to aggressively acquire the rights at the foreclosure sale. The law was to collect unpaid assessments in re Several years ago the case of Coral changed in the early 1970’s to pro turn for advance payment of the Safe Lakes Community Association v. vide that the mortgage had priority Harbor amounts or other partial fund Busey Bank, N.A., held that over the lien for assessments and ing of the delinquencies. Their law Homeowner Associations whose de that no buyer at a foreclosure sale yers then began demanding that clarations were recorded before 2008 was liable for assessments that ac foreclosing mortgagees pay tens of are not entitled to recover the Safe crued prior to the change of title. In thousands of dollars or more in un Harbor amounts contained in Chap 1992, the Condominium Act (“718”) paid interest, legal fees and costs on ter 720 unless the documents incorp was changed to provide a “Safe each foreclosure. They were willing to orate changes in the law as amend Harbor” for foreclosing mortgagees litigate the issues that arose out of ed from time to time. The existing who were limited to paying 6 months their demands, as they calculated the contracts could not be impaired by of delinquent assessments or 1% of return exceeded the risks of litigating requiring mortgage holders to pay the mortgage whichever is less (later the issues. If the lenders paid, they anything unless required by the de increased to 12 months of assess collected all that money; if they liti claration. Strike one against associ ments. Homeowner Associations gated the bank might settle, or might ation finances. (“HOA”s”) governed by Chapter 720 pay and settle to clear up title. In some Florida Statutes (“720”) was amend cases when attorney fees were Last year, the case of Pudlit 2 Joint ed to provide a similar Safe Harbor awarded against them, they took a Venture, LLP v. Westwood Gardens for their foreclosing mortgagees. loss. On the whole it was enormously HOA, Inc., held that a third party profitable for such companies; not so Despite these legislative changes, much for associations. Siege continued on page 18 8 | THE COMMUNITY CONNECTION
Formosan Termites in Provided by Aquatic Systems, Inc. Are swarms of bugsJacksonville keeping you inside? And exactly Provided byfly? Jerry Hall - Business Development forMcCall Service what is a midge Do you remember back when Order: Diptera there were no Formosan ter Family: Chironomidae mites in Jacksonville? If you're Genus & Species: 2000+ species over 10 years old, you may. in North America This destructive termite species is a new threat to the Jackson ville area. In fact, the first docu mented sighting of Formosan termites in Jacksonville was in 2005. Now, finding Formosan termites is nothing new. These destructive termites have made themselves at home here. So, it is important for all Jacksonville residents to understand just how much of a threat these termites are. 10 Facts You Should Know About Formosan Termites Formosan termites are subter ranean termites. So, like other subterranean termite species, they attack your property from the soil. Formosan termites can have as Control Methods many as 10 million members per colony, compared to 1 mil lion found in other subterranean termite colonies. Unlike other subterranean ter mite colonies, Formosan ter mites can build nests inside the structure of a home. They are able to do this because they coat the interior of their nests with feces to keep the moisture in.
Due to the fact that Formosan termites have so many mem bers in their colonies & they can live entirely inside a structure, these termites do more damage than any other termite species in the United States. Formosan termites, like all termites, are simple organisms that do not require sleep and do not hibernate. That means they are able to consume the wood of a structure 24 hours a day, 7 days a week, 365 days a year. Formosan termites prefer homes that are near a water source because they prefer moist soil. Formosan termites prefer older homes that have some areas of rotted wood. Your home or business can be 100% protected from the damage caused by Formosan termites. Because your home can be 100% protected from termite damage, it is not likely that your homeowner's insurance will cover damage caused by these termites.
The temperatures in Jacksonville are ideal for these termites to reproduce rapidly most months in the year. Don't take any chances with your equity. Get proactive termite protection that is safe for the environment, safe for your children, and safe for your pets, without drilling and chemical injections with termite services from a reputable pest control company. Then you won’t need to give another thought to those Formosan termites.
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Don’t Deplete Your Association’s Financial Resources Provided by Georgia Miller Relationship Manager, AVP of BB&T Association Services Associations are sometimes faced with unexpected repairs that are necessary but were not planned for during the budgeting process. Loans to the association provide individual unit owners a comfortable monthly payment and allow associations to complete projects immediately, without depleting association reserves. Here are some important standard terms, loan features and benefits with association loans.
Types of Loans Line of Credit Term Loan Insurance Premium Financing
Reasons for a Loan Concrete Restoration Major Improvements AC Repayment Elevator Renovations/Repair Window and Door Replacement
Terms For special assessment financing, the term of the loan usually is matched to the term of the collection of the special assessment. Payments are monthly or quarterly, and generally do not exceed a fiveyear period.
During construction and large money based solely on the repair projects, interestonly association’s operating budget. payments may be permitted Underwriting the Loan until the project is completed, Many factors are reviewed before followed by regular approving an association’s loan installment payments to request: reduce the principal. Financial condition of the A line of credit or a draw loan association also may be used whereby Operating budget the client pays interest only Balance sheet and income on the funds drawn out. statement Simple interest installment Reserve accounts loans also are made to Delinquency rate finance hazard and flood Community documents insurance premiums. Board minutes regarding the loan process are reviewed to Interest Rates ensure all legal conditions are Interest rates vary depending met on several factors including: Number of rentals – Dollar amount of the loan Unit value, age of the – Repayment term complex, and management – Financial status of the stability association – Amount of deposits at the bank
Not all banks cater to community associations. It is important to find a Collateral bank that specializes in the needs of community associations and has The bank should require an experience meeting their financial assignment of the accounts goals. Banks vary on loan terms such receivable of the community as interest rates, repayment terms association. Typical receivables consist of and closing costs. Working with an experienced bank loan officer will special assessments and ease the loan process and benefit monthly maintenance fees. your associations. The bank also may lend August 2016 | www.neflcai.com | 11
Aging in Place and Your Community
Provided by Jolita Brazzano REALTOR/LCAM Senior Real Estate Specialist (SRES), Certified Manager of Community Associations(CMCA), Brazzano Real Estate & Management, LLC A growing trend in communities is the choice of older residents who are opting to remain in their home until they can no longer enjoy its comforts. This takes the mana ger’s responsibilities to a whole new level of service. As owners age, so do their needs, and a community that may have been built in the 1970’s, 1980’s or 1990’s may not have the common area or living area accessibility needed by the residents who are also aging with those communi ties. A manager and Board Member’s duties to the associations they oversee are not always spelled out in the contract between the association and the management company nor in the Declaration and CC&R’s. Many duties are found to exist on site wherein, it’s the manager/Board’s ability to ad just their duties through area awareness of the residents who live in their communities. How does an association adjust its areas to those residents who choose to “age in place”? First, a community association’s
duties are to the stakeholders or owners. Since it’s the boards fiduciary responsibility to look out for the residents of the commun ity, being aware of the residents themselves is a large chunk of that duty. Do you have proce dures for communicating with any family members for your older residents who may have an emer gency within the community? Are there procedures for allowing for reasonable accommodations for your elderly residents who may have changing needs? Do you have an onsite office where po tential renters or owners need ac cess for business purposes (pay ing assessments, interviews, etc.)? A business office onsite may require an association to comply with ADA requirements for those public areas. As owners age, the things that may have been simpler to nego tiate when they purchased; stairs, curbs, parking, and unit access, may require a necessary change to make it easier for them to uti lize these common spaces. These owners would request a “reason able accommodation” in order to
adjust their physical world to their physical limitations. Denying these changes without providing a logical review and reason could be considered a violation of Fair Housing. Although “Age” is not a protected group, a physical or mentally challenged individual is protected under this title. Elderly owners are increasingly in need of outside agencies (meals on wheels, visiting angels, family members, etc.) to assist them both in their homes or in using some of the amenities available within a community. Has the com munity reviewed its rules to en sure that the caregivers of these residents are not excluded from doing their jobs in assisting these owners and residents? Most importantly, do your pro cedures take into account owners who may not be able to hear or see an easily identifiable problem and take the proper precautions (steps, sidewalk elevation diff erences, curbs). Also, elderly res idents may not hear a fire alarm, Aging continued on page 19 August 2016 | www.neflcai.com | 13
7 Travel Tips for Your Money & Identity Provided by Wayne Howell Vice President at Herbie Wiles Insurance Keep Your Financial Life From Taking an Unplanned Detour While Traveling Travelers and tourists are a dream for thieves. They’re typically carrying plenty of cash and valuables. They often have smartphones full of personal information. And, they can easily get caught up in the sights and forget to be aware of their surroundings. While the threat of losing money, jewelry or a camera is bad enough, there’s also the risk of identity theft. Each year, criminal activity related to identity fraud totals $15 billion in the U.S. alone, according to the 2016 Identity Fraud Study by Javelin Strategy & Research. And, the cost is more than financial — it can be maddening to try to get everything back in order. That’s why it’s important to protect yourself, even when you’re on the go. Here are seven ways to do just that, from USA Today, the U.S. Justice Department and even the U.S. Department of State. Don’t be scared of cash. You don’t want to carry around too much, of course, because it’s not replaceable. But, unlike credit cards, having money stolen won’t add to your risk of identity theft. You can still use cards, particularly to take
advantage of your card’s hidden pocket with a zipper purchase protection when or a bag you can wear across buying expensive items. Just your body. think about whether the Lock your smartphone and merchant or restaurant is likely computer. Our phones and to have a secure system. If computers are full of personal you do prefer cards over cash, information, and autologin don’t take every single card features for apps, including you own and do check your financial ones, can be a statements carefully when you bonanza for thieves who gain return. access. Lock your devices with a code only you know, Watch where you get and and don’t make it obvious, like keep cash. Use ATMs “1234.” Also, some phones affiliated with banks you know, have a remoteshutdown if at all possible. Your travel feature, so you can wipe its partner should stand behind contents if it’s lost. Enable this you to keep others from at home, before leaving for viewing your PIN. Watch for your trip. “skimmers,” too — thieves Be careful with wireless. install these devices on Public wifi access is conven legitimate ATMs and other ient – and dangerous. Others card readers to capture your on the same free or shared information, and they’re hard to network may be able to see spot. If anything looks different the data, such as passwords about where you swipe your and credit card numbers, you card, avoid that machine. And, transmit. Avoid logging in to once you have your cash, keep it somewhere secure, such as Travel continued on page 16 in a front or August 2016 | www.neflcai.com | 15
Travel continued from page 15 financial websites, if possible. If not, stick to encrypted websites (with “https” at the beginning) and log out after each session. Update your password the next time you’re on a secure network. Always stay alert. When you’re in public, beware of crowds, disturbances or peo ple “accidentally” bumping into you. These are common ways pickpockets steal items without being detected. Don’t sleep while using public transporta tion, even long train or bus rides. And, each place you go, locate the nearest exit so you can escape a dangerous situation if needed.
Use the hotel safe. They aren’t perfect, but storing your passport and other important things in the safe while you’re out and about is far better than leaving them out in your room. And, it is best to leave some things behind while you’re exploring — using your passport everywhere for identification, for example, puts you at risk of losing it. Don’t forget the home front. While you’re away, burglars could gain access to the personal information you have at home. Stop your mail and newspaper delivery, or arrange for a neighbor to pick it up daily. Leave a few lights on or put them on timers so it
looks like someone’s home. And, keep your important documents in a secure place. A home safe is great, or you could even consider a safedeposit box, if necessary. By taking just a few precautions, you can increase the likelihood that your trip will be enjoyable — or that it at least won’t end in a financial disaster. Now, get out there and explore! View the original article here: http://www.safeco.com/blog detail/moneyandtravel safety/1240030266199
DID YOU KNOW? The last chapter's newsletter reached over 400 potential clients! Our readership has increased nearly 300% since our first edition in 2014!! What are you waiting for? Purchase your ad today! Do you have good news you'd like to share? Do you have an informative article you'd like featured in an upcoming issue? Consider advertising in the NE Florida CAI Community Connection! Visit www.neflcai.com for pricing. Send submissions to Leslie@aquaticsystems.com 16 | THE COMMUNITY CONNECTION
Sponsorship Spotlight Lake and Wetland Management Lake and Wetland Management, a proud NEFL CAI 2016 Diamond Sponsor, is an environmental resource management firm specializing in pond and lake management. Founded in 1992 by brothers Stu and Brian Fischer in Palm Beach County, Lake and Wetland Management has since grown to become one of the industry’s most reputable companies by providing the highest level of service to all of our clients. With nine offices working together to cover Florida, our team has varied knowledge and specialists that can solve almost any problem or answer any question. Lake and Wetland Management offers a variety of services to give their clients a onevendor solution for related services, which include algae and aquatic weed control, fountain and aeration system installation and maintenance, wetland restoration, invasive exotic plant control, native plant installation, mosquito and midge larvae control, erosion control with our exclusive ShoreSox system, fish stocking and fisheries management, debris removal, and water quality testing. The North Florida office is Lake and Wetland Management’s newest office, headed by longterm associate Adam Grayson. Adam has been in the industry for over 17 years and is a State of Florida licensed herbicide applicator, as well as an ISA Certified Arborist. Adam can be contacted at 352363 7534 or by email at adam.grayson@lakeandwetland.com
William Saunders William@spjax.com 904.721.2230 http://www.servproarlington.com/
August 2016 | www.neflcai.com | 17
tary sales? Also the law says that payments are applied to interest, buyer was entitled to the exemptions costs, late fees and legal fees before provided in a declaration of an HOA delinquent assessments. However the Courts have not seen it that way. assessments at a foreclosure sale. Let’s play ball…. The court extended the rights of a party to the declaration to a third par ty who bought at a foreclosure sale. In United States v. Forest Hill That was not an existing contractual Gardens East Condominium Asso right in favor of a party to a contract, ciation, the court held that the obliga but rather an extension of the contract tion of a mortgage holder to pay Safe to a party not even an owner when Harbor amounts does not include anything other than unpaid assess the purchase at a foreclosure was ments. It held that interest, late fees, made. Strike two against collection costs and attorney’s fees associations. are not collectible when otherwise Continuing the baseball analogy, let’s due because, the Court reasoned, step out of the batter’s box for a mo these expenses are neither common ment and turn to a related important expenses nor regular periodic assessments. They were referred to issue. The law is not clear with re gard to the ability of an association to as "Collateral Expenses" and there fore not recoverable. collect interest, costs late fees and Siege continued from page 8
with assessment obligations, rather than “common expenses” or “regu lar periodic or special assessments,” which infer expenses shared among all the units of a homeowners’ association. In rejecting the HOA’s argument, the court reasoned that nothing in the Safe Harbor provision prevented the HOA from applying the monies received in the order specified by s. 720.3085(3)(b), but the HOA was not authorized under the Safe Harbor provision to payments for the additional cost items sought.
Based on case law, there are two irreconcilable positions occurring when a condo or HOA home is sold. In a voluntary transaction, all past due assessments, interest, costs, late fees and legal fees are recoverable when the deal is closed. attorney fees after a foreclosure. This Most recently, a court put the last nail Under the state of the law as is because the introduction to s. into the coffin of collecting anything articulated by the courts, nothing 718.116 F.S states that: “A unit other than past due assessments owner, regardless of how his or her other than unpaid assessments title has been acquired, including by when a first mortgagee forecloses in could be collected in a voluntary sale. That makes no sense, but purchase at a foreclosure sale or by an HOA. The case dealt with deed in lieu of foreclosure, is liable for §720.3085(2), Fla. Stat. (2014) and strictly read, that is what the law explored whether a lender taking title allows, no more, no less. all assessments which come due is required to pay anything more than while he or she is the unit owner. Additionally, a unit owner is jointly and delinquent assessments, and specifi Based on the current state of the cally is exempt from collateral items law, what are associations to do? As severally liable with the previous such as attorney’s fees, costs, inter always Boards need to move owner for all unpaid assessments est or other charges. In Catalina aggressively against delinquent that came due up to the time of transfer of title." It does not mention West HOA, Inc. v. Federal National owners. Owners need to know that if Mortgage Association, the court rea their assessments are not paid, legal those additional costs. soned that if the Legislature intended action, including foreclosure may The issue that arose was that every to include attorneys’ fees, interest, or ensue. Also the legislature needs to know that the ongoing pressure on voluntary sale always includes those costs, it would have done so. The amounts even though not specifically court further concluded that interest, association members is unfair and allowed by law. That being the case, late charges, attorneys’ fees, collec remedial legislation may be in order. why should it be different on involun tion costs, and the like are individua lized charges to induce compliance Siege continued on page 19 18 | THE COMMUNITY CONNECTION
Siege continued from page 18 Lenders and their counsel have abused the foreclosure system dragging cases on for years, knowing that once foreclosed, regular assessments need to be paid. The next time there is a downturn in the housing market, associations need to move quickly to protect their treasuries. With so many homes being sold with so little down, it won’t take much of a downturn to have tens of thousands of owners owing more than their home is worth. Remember the old adage: “Fool me once, shame on thee; fool me twice, shame on me.” Let’s not be fooled again.
Aging continued from page 13 or see the clearly marked Exits in your community. Is there a committee or group available to check on these residents during an emergency and ensure that they are safe or to check on these residents through social engagement to confirm their physical and mental health? These areas are often overlooked when it comes to an aging ownership in a community. As important as it is to care for a property as it ages, it is even more important to care for those residents who also are aging and who may need an extra degree of attention from their Board of Directors, their neighbors, and their Community Association Managers. Be on the lookout for a new course “Aging in Place” which discusses these issues more thoroughly.
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Event Recap June CAM Education Event Our June Education Session was a success, thank you to all who attended. Thank you also to our event sponsors, Brown & Brown Insurance and Community Advisors for your support. Attendees were treated to a hearty lunch complete with tasty desserts. Robyn Severs, Esq. of Becker & Poliakoff lead the course titled "Is a No Pet Building a Thing of the Past?" in which she addressed service and support animals and the impact on Community Associations. We had a great turn out of Community Managers at the event who each walked away with a better understanding of service and support animals as well as some great informational material provided by our speaker. We are looking forward to continuing our Education Session into the end of the year and hope that you will join us at one...or all!
San Sebastian Winery Our largest social event to date, the San Sebastian Winery tour & wine tasting event in June did not disappoint! The evening began with a brief presentation in the theater, followed by a guided walking tour of the wine production facility. We then were led to their Barrel room, where the Port is housed. Attendees were taught the five “Ss” of wine tasting, all while enjoying San Sebastian Premium Wines. A huge thank you to Davey Tree Service for sponsoring this event! You do not want to miss the next social event!
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Chapter Luncheon Meeting Formosan Termites, Mosquitoes & the Zika Virus The Programs and Education Comm ittee organized another great chapter luncheon this past month. On Thurs day, July 21st we gathered at Maggia no's in the St. John's Town Center for a delicious lunch complete with a deca dently sinful dessert! Thank you to all who attended the event, we had a great turn out. Thank you also to Tankel Law Group for supporting our chapter through sponsorship of the event.
presented by McCall Service
Attendees were educated on prevalent Florida pests such as Formosan termites and mosquitoes carrying the Zika virus. John Cooksey, an Entomologist and owner of McCall Service lead the engaging discussion on the pests, their habits and easy ways for communities and residents to deter these pests.
Legal Update Education Event On Friday July 29th our Programs and Education Committee organized a Legal Update for CAMs to receive credit towards their Florida CAM license. The Ocean Village Club in St. Augustine Beach graciously hosted the chapter in their beautiful clubhouse. Angius & Terry, a 2016 Diamond Chapter Sponsor hosted the informative and thorough course. Thank you to Jackson Law Group for providing a delicious Continental breakfast for all in attendance. If your community has space they would be willing to allow our chapter to utilize for education events please let our CED, Stephanie Peluyera know. Also, if your business has a course(s) that will help CAMs to earn Continuing Education Credit towards their Florida CAM license and you would like to present to our chapter members please let our CED know as well. Stephanie can be reached by email at info@neflcai.com
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