CAICF | 4th Quarter Newsletter by Overflow

central florida times

WWW.CAICF.ORG | FOURTH QUARTER 2018

a message from the president Fourth Quarter 2018

contact information P.O. Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-850-0106

2018 board of directors Lou Biron, President Ken Zook, President-Elect Erik Whynot, Esq., Vice President Michael Kulich, Treasurer Kent Taylor, PCAM, Secretary Suzan Kearns, CMCA, AMS, PCAM, Past-President Chris Martinez Frank Ruggieri, Esq. Chuck Strode, CAM Robert L. Taylor, Esq. Matt Vice

A warm Holiday greeting to our CAI Central Florida Chapter Members! It is hard to believe that 2018 has passed so quickly and we are now looking to a new year and its many opportunities. It has been a pleasure serving as your Chapter President for 2018 and I thank each of you for your support to me and to your chapter. I know your new Board will carry forward the high standards that you have come to expect of CAI Central Florida as they work to assist our members with their challenges of budgeting, management dilemmas and Business Partner services by way of our educational programs and active networking opportunities. As our year ends and we look back on the last quarter we find that we enjoyed our Annual Golf Tournament at MetroWest and our Annual Meeting and Gala at Highland Manor along with our very well attended monthly meetings and educational programs. Our membership continues to grow and with sincere thanks we recognize the efforts and dedication of our many hard working volunteers who are helping us to achieve our success. As you peruse this newsletter, you will see our calendar of upcoming events. We urge each of you to choose those that are of interest to you, place them on your calendar and plan to attend to gain better knowledge or for your networking enjoyment. Of particular importance is the CAI National Leadership Forum on 2/8/19 and our 2019 CA Day: Around the World on 3/22/19. We hope you will take time to consider both within your schedule. Once again our newsletter includes a wealth of valuable information including The Do’s and Don’ts for a Deposition, Condominium Unit Buyer’s Checklist, and How to Hire and Fire HOA Vendors. You will always find our newsletter to be a presentation in recognition of those who serve CAI, many Business Partner opportunities, National News and some excellent “take home and use” features. I draw your attention to the fact that the pages of the newsletter includes ads from our Business Partner members. You are encouraged to consider using their services within the scope of your needs. We appreciate each of our Business Partner members and support their businesses throughout the year. If you have a need not mentioned by those posting an ad, feel free to contact us for a referral to other members for the service you require. It is this trade of business relationships that assures a viable and strong partnership among our membership. If you are not a member, please consider joining. If you are a member, please consider volunteering. Our growth and our viability rest with the strength of our membership and the many volunteers who help us towards our goals. To that end I will call on our many qualified unit owner members to consider placing their name in consideration of a position on our Board as Homeowner Leader. If you are interested please provide your name, background and credentials to our Chapter Executive Director, Reini Marsh. As I step down as your President, I wish to extend a special thanks and recognition to our dedicated Board of Directors and to welcome our newly elected Board Members for 2019. Each of you is appreciated for your courteous service to CAI. We wish you a Happy and Prosperous New Year and we will look forward to seeing you at our next event. All the best,

Lou Biron 2

Louis R. Biron, AAI 2018 President, CAI Central Florida Chapter

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central florida chapter update 2019 calendar of events More details regarding upcoming events will be posted to caicf.org under the “Events” tab. Check back regularly for the most up-to-date information. CAICF Board Meetings will be held before or after each of the Monthly Meetings. Please be sure to register for all events in advance, as we need an accurate head count for space and food purposes prior to the event. Thank you for your help! • January 10th: Monthly Meeting: Luncheon - Legislative Update at Ace Cafe Orlando with the presentation by Martell & Ozim. We are meeting on the 2nd Thursday in January. Registration is at 11:30am. • February 7th-8th: Florida Leadership Forum - Advocating With Impact at the Sheraton Orlando North. There will be a Cocktail Reception on February 7th from 5pm-7pm and the Forum begins the following morning at 8:30am with breakfast and runs all day through 4pm. Check out all the details on caionline.org/FLForum. • February 14th: Monthly Meeting: Breakfast - Breaking Down the Bid CEU presented by Asphalt Restoration Technology Systems Inc. at Second Harvest. Registration begins at 8:30am.

homeowner volunteer leaders from around the world come together to discuss critical issues, network and learn about the latest community association trends.Check out all the details on caionline.org. • May 16th: CAIddyshack National Chapter Party at the Drive Shack in Orlando from 6:30pm-10pm. Entertainment by the Marcus Gullen Band. Tickets are $100 and include two drink tickets. Registration information coming soon. • June 6th: Monthly Meeting: Luncheon - Reusable Energy/Solar at Dubsdread. Registration begins at 11:30am. • June 20th: Happy Hour from 4pm-7pm • July 11th: Meet the Managers

• March 7th: Monthly Meeting: Luncheon - Free Speech CEU presented by The Ruggieri Law Firm at Dubsdread. Registration begins at 11:30am.

• August 1st: Monthly Meeting: Luncheon - Lakes & Ponds CEU at Dubsdread. Registration begins at 11:30am.

• March 22nd: 2019 CA Day: Around the World at the Gaylord Palms. Education Classes: 10am-1:30pm; Trade Show: 1:30pm5:30pm; After Party: 5:30pm-9pm.

• August 19th: Happy Hour

• April 18th: Spring Social

• September 5th: Monthly Meeting: Breakfast - Stress Less presented by Betsy Barbeiux at Second Harvest Food Bank. Registration begins at 8:30am.

• April TBD: New Member Breakfast

• August TBD: Business Partner Roundtable at Leland

• May 2nd: Monthly Meeting: Luncheon - Understanding D&O Insurance presented by Assured Partners at Dubsdread. Registration begins at 11:30am.

• October 3rd: Monthly Meeting - Legal Panel

• May 15th-18th: CAI Annual Conference at the Rosen Shingle Creek in Orlando. The conference provides education sessions on operations, leadership, innovative business practices and new products and technologies. Industry professionals and

• November 7th: Monthly Meeting: Luncheon - 2020 Legal Update. Registration begins at 11:30am.

• October TBD: Annual Golf Tournament

• December 5th: Annual Meeting, Gala & Fundraiser

LOOKING FOR A SERVICE PROVIDER? CAI Central Florida has a list of great service providers in most every industry a Community Association could need! The best part is, they are members! Check it out at: caicf.org/directory.

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giving back TRACY FLEMING, DIRECTOR OF MARKETING, SOLITUDE LAKE MANAGEMENT

SOLitude Supports Hospitalized Children & Five Families Through Holiday Cheer Program

his holiday season, SOLitude Lake Management has continued its annual HOLiday Cheer efforts through The SOLution, SOLitude’s corporate volunteering and outreach program. This year, SOLitude donated $8,280 worth of toys, clothes and other necessities to hospitalized children as well as five underresourced families located throughout the country, bringing total donations through the HOLiday Cheer program to $37,450 since its inception in 2013. In addition, SOLitude’s Massachusetts office served as a drop-off location for Toys for Tots, collecting more than $10,000 worth of donated gifts from the surrounding community. The HOLiday Cheer families “adopted” this year reside in North Carolina, New Jersey, Delaware and Florida. These families, which include 16 children in total, were selected by the SOLitude team based on nominations showing a true need for support during a time of financial and emotional hardship. Individuals on the SOLitude team generously purchased $5,730 worth of gifts from the children’s wish lists to include items such as coats, shoes, games, books and sports gear. Each family also received gift cards to purchase additional household items and groceries for the holiday season.

said Tracy Fleming, Director of Marketing at SOLitude. “We are honored to bring this much-needed joy to deserving children and families through our HOLiday Cheer program.” The SOLution is a company-wide program that encourages the company and all employees to strive to “create a better world” through volunteerism, community outreach, sustainability and environmental consciousness. SOLitude’s company leadership feels it is important to not only be good stewards of the environment, but also to fulfill company core values to “take action and be accountable” and to “protect and respect nature.” To participate or share a non-profit’s goals for consideration in The SOLution, visit www.solitudelakemanagement.com/solution.

SOLitude Lake Management is a nationwide environmental firm committed to providing sustainable solutions that improve water quality, enhance beauty, preserve natural resources and reduce our environmental footprint. SOLitude’s team of aquatic resource management professionals specializes in

Alongside family contributions, SOLitude delivered gifts to children spending their holidays at The Children’s Hospital of Philadelphia (CHOP), Shriners Hospital for Children in Springfield, MA, and the Children’s Hospital of the King’s Daughters (CHKD) in Norfolk, VA. Gift deliveries were bolstered by SOLitude’s annual social media campaign, which contributed an additional $10 for each new social media follower in the month of November.

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“The success of this year’s efforts would not have been possible without the generous support from our clients, staff and partners.” 6

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interested in getting more involved? join a caicf committee! If you are interested in getting more involved in the chapter, joining a committee is a great thing to consider. Below are the different committees that we currently have active. Please feel free to contact any of the following committee chairs: CA Day/Trade Show Committee Gina Holbrook Premier Association Management gina.holbrook@premiermgmtcfl.com Chuck Strode Associa cstrode@community-mgmt.com Communications Committee Benjamin Isip Towers Property Management, Inc. ben@towerspropertymgmt.com Education Committee Gary van der Laan Leland Management gvanderlaan@lelandmanagement.com Phil Masi Assured Partners pmasi@assuredptr.com

Gala Committee Lou Biron Sihle Insurance Group lbiron@sihle.com

Membership Committee Jason Martell Martell & Ozim jmartell@martellandozim.com

Golf Committee Scott Pollock Sentry Management spollock@sentrymgt.com Legislative Committee Lou Biron Sihle Insurance Group lbiron@sihle.com

Jessica Cox Leland Management jcox@lelandmanagement.com

Meet the Managers Committee Chuck Strode Associa cstrode@community-mgmt.com

Social Committee Tara Munoz Your Private Adjustor tara@yourprivateadjuster.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com

4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

do’s and don’ts for a deposition BY JOSEPH F. SMITH, III, ESQ., BURG SIMPSON ELDREDGE HERSH JARDINE

a Community Association Manager, it is likely that sometime during your career you will be deposed in a lawsuit that your association client is involved in. It might be a simple collection case, a covenant enforcement case, a slip and fall matter or a major piece of litigation. Depositions are a part of the discovery process and involve the formal questioning of a person who may have information about the subject matter of the lawsuit. Depositions can be nerve-racking and create anxiety, especially if you’ve never been deposed. Understanding the process and players and following our simple Do’s and Don’ts will keep you calm, cool and effective.

THE PROCESS AND PLAYERS In every lawsuit rules of procedure govern how and when depositions can be taken. The attorneys agree on who will be deposed, when and where. Once agreed upon, a subpoena may be issued which mandates your appearance at the scheduled time. The subpoena may also require you to bring certain documents to the deposition. At the deposition you will find:

• The court reporter - records every word said by everyone

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• Deposing attorney – asks you questions; different styles but not your friend

• Defending (your/the association’s) attorney • Other attorneys • Other parties – the people or entities suing and being sued At the beginning, the court reporter will administer an oath to you. This is the same oath you give before testifying in court. You will then be asked questions by the deposing attorney and given an opportunity to answer. Your defending attorney may object to certain questions. If this occurs, you will be instructed by your defending attorney whether to answer the question. Once the deposing attorney is finished, other attorneys may question you. After your deposition you will receive a written transcript of the deposition which you should review and then discuss with your defending attorney to determine if any errors in your testimony need to be corrected.

DO’S AND DON’TS On the following page are some Do’s and Don’ts that we have developed over 30 years of preparing witnesses for depositions.

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do’s and don’ts for a deposition cont. DO

DO NOT

Organize your files

Wing it

Review relevant documents

Get angry

Meet with your attorney before the deposition to discuss scope of questions

Withhold any information from your attorney

Share concerns with your attorney

Take anything personally

Get a good night sleep

Take the edge off with alcohol or drugs

Wear comfortable, professional clothes

Come in your pajamas

Ask for a break if you get tired

Try to predict where the attorney is going

Ask for a break if you are losing your cool

Volunteer anything

Tell the truth – always

Lie

Listen to the entire question

Interrupt

Make sure you understand the question – if not, ask the deposing attorney to ask it again

Guess the answer

Answer verbally

Shake your head or say uh huh

Be short and concise

Volunteer information not asked for

Refer to your file as much as needed

Try to impress or puff

Insist on seeing any document referenced

Zone or check out

Read entire document referenced

Skim documents

Review your transcript and edit

Forget to breathe

If a case makes it to trial or arbitration, deposition testimony can be used in several ways. As long as you’re well prepared, take your time, and answer truthfully at the deposition, you’ll give a great deposition and strengthen your association client’s case. If you would like more training on Sitting for a Deposition: Everything You Want to Know But Were Afraid to Ask, we offer a seminar on this topic and would be happy to present it to your team over breakfast or lunch. Feel free to contact Annika Mantius at amantius@burgsimpson. com or 941-777-6776.

Joe Smith is a Florida licensed attorney and a Colorado licensed architect and attorney with over twenty years of architecture, construction law and construction defect litigation experience. Before joining Burg Simpson, Mr. Smith spent three years as a senior forensic architect at a Denver metropolitan area consulting and engineering firm where he provided forensic services to private and public clients.

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cai national news

Florida Forum to Focus on Community Association Legal Issues

he Central Florida Chapter of Community Associations Institute (CAI) is one of the Florida chapters hosting a day-long leadership forum on February 8th in Orlando for community association managers, business partners, association board members, and homeowners. The 2019 Florida Leadership Forum: Advocating with Impact will feature industry experts addressing a wide range of state-specific and national legal issues affecting the governance and management of homeowner and condominium associations. Topics will include HOA and condo legislative processes, electronic voting, effective communication strategies, and the hottest topics impacting Florida residents and businesses. The program will feature education for community managers, business partners and service providers, and homeowners, including association board members and other community leaders. We’ve developed an updated program to give Florida residents the information and perspective they need to advocate for, understand, and comply with laws that affect all aspects of community association living in Florida. It is essential to understand the legal process for HOAs and condos, and how to encourage communication and foster relationships between association stakeholders and local government. ”Florida has extensive and complex laws affecting community

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associations,” notes Thomas M. Skiba, CAE, Chief Executive Officer of CAI’s 40,000-member organization. “It’s important that community managers, business partners, association board members, and other homeowner leaders fully understand their legal obligations, and learn the options they have to improve and advocate for new and existing legislation.” The event will be held at the Sheraton Orlando North at 600 N. Lake Destiny Road. Registration opens at 8am, with the opening session beginning at 9am. To learn more or register, visit www.caionline.org/FLForum. The eight chapters hosting the CAI Leadership Forum are Central Florida, Gold Coast, Northeast Florida, North Gulf Coast, Southeast Florida, South Gulf Coast, Suncoast, and West Florida. CAI has more than 60 local, state, regional, and international chapters. Additional information about each chapter is available at www.caionline.org/ chapters. In addition to state and national legislative advocacy, CAI provides information, tools, and resources to community association volunteer leaders, community managers and management firms, and other professionals who provide products and services to community associations. For more information, visit www.caionline.org or call 888-224-4321.

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condominium unit buyer’s check list BY JOEL W. MESKIN, ESQ., CIRMS, CCAL FELLOW, MLIS

Due Diligence Needed Prior to Purchasing in a Condominium Association

uring my tenure in the community association industry, I have touched in one way or another probably over 6,000 director and officer (“D&O”) Liability claims. I have sat back and thought at length what, if any, commonality there is between and amongst these claims. I have come to these conclusions and I presume that there are other community association professionals that would come up with more:

• Proposed Unit Buyer’s do not do their due diligence/ homework before moving into a community association. This due diligence is critical for a Unit Buyer to understand what it means to buy into a community association, and the cost benefit analysis of what they are giving up versus what they are gaining. Once you buy in, your home is still your castle, but subject to the covenants, conditions and restriction you agreed to by signing your deed, and the rules and regulations of the association. “Ignorance of what you have agreed to is not a defense!” I cease to be surprised that many Unit Buyers do not have time to do their due diligence, but they have time to fight and litigate matters for years 14

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causing the association and its insurers to incur significant amounts.

• The second commonality is that many volunteer board members are very often the same Unit Buyers who did not do their due diligence. As a result, often their motivation for joining the board was to fight what they after the fact believe is not fair, or to try and change things that are in their selfinterest as opposed to the best interest of the community association that is a foundation to the board member’s fiduciary obligation.

• Finally, the volunteer board members often do not understand their role as a board member. This item will be an article in and of itself. At a minimum, there should be a requirement that a prospective board member should declare that they have read the governing documents and have asked any questions they may have to clarify their duties and obligations. Additionally, boards should have a mandatory annual board training. Many managements do

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condominium unit buyer’s check list this, but just as many, if not more do not. This can be done by their management company, local attorneys or one of the many CAI offerings you can get online or attend a course that CAI may make available.. A number of years ago, when my daughter and son-in-law thought about buying a condo, they presumed I would not recommend that they buy a condo. I surprised them by indicating that I had no problem with a condo. However, they must do their due diligence first! Their presumption was based on the many stories I shared with them over the years regarding association and unit owner problems, disputes and challenges, stories I could not make up. I believe, however, that 95% or more community associations in fact operate fine with minimal issues. I attribute this to my participation in CAI all around the country which exposes me to the good and not just the bad and ugly. My daughter and son-in-law, the teaching coach and the engineer, asked me what due diligence I would recommend. The Condominium Unit Buyer’s Check List was the product of that question. The check list is equally applicable, but not limited to Cooperative Housing Corporations, Single Family HOAs, Commercial Condominiums, Townhomes and Timeshares. As a result of my daughter and son-in-law conducting their due diligence, they did not buy the condo. Specifically, the realtor and the unit owner at the 11th hour submitted a supplemental

disclosure statement indicating that the tile flooring in the kitchen and the hardwood floors were installed on the second floor unit without board approval. The board would not grandfather this in, nor would the unit owner pay to have it remediated. I am curious whether the supplemental disclosure statement would have been submitted had they not pursued their due diligence. It is my humble opinion that if 75% of Unit Buyers were to do a substantial amount of this due diligence, the potential problems and challenges would be significantly reduced. I further believe that if association boards and managers were to be asked these questions on a regular basis, this would have a very positive impact on the associations risk management. Accordingly, the Condominium Unit Buyer’s Check List is just as valuable to the association and its board. On the one hand, the check list will weed out prospective Unit Buyers who do not fit in a common interest development and on the other hand it can act as an audit check list for the association.

Joel W. Meskin, Esq. is the Managing Director of Community Association Products for McGowan Program Administrators. For more information, contact Joel at jmeskin@mcgowanins.com or 440-333-6300, ext. 2240, or visit mcgowanprograms.com.

Condominium Unit Buyer’s Check List Copyright Joel W. Meskin, Esq., CIRMS – Managing Director Community Association Products

Item

Research (Ignorance is Not Bliss or a Defense)

By-Laws: Obtain a copy of the condo association by-laws (the association’s operating manual who has authority to do what, who is a member, who is eligible to vote, and how to elect board members).

CC&Rs: Obtain a copy of the CC&Rs (declarations/conditions, covenants and conditions) - the association rules (what can you put on your door, how loud can music be, who can live in the unit, can you have pets, etc.)

Delinquent Assessments: How many association unit owners are more than 30 days delinquent in paying assessments? What percentage of those delinquencies are more than 60 days past due? (If unit members are delinquent, someone has to cover the shortfall - the remaining current members.) Any foreclosure sales?

Pending Lawsuits Against the Association: Are there any lawsuits or administrative proceedings (i.e. EEOC or fair housing) pending against the association? If not, have there been any lawsuits in the past 5 years? (Do a civil index check in the county court.)

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Complete

Pending Lawsuits Against Unit Owners: Does the association have any lawsuits pending against any unit owners or vendors?

Reserve Study: Does the association have a Reserve Study? If no, why not?

Funded Reserve Study: If the association has a reserve study, is it funded? If so, what percentage is it funded?

Reserve Study Update: When was the reserve study last updated?

Capital Improvements: Does the association have any substantial capital improvements or repairs planned within the next 24 months? If so, how is it going to be funded (reserves, special assessment, loan)?

Special Assessments: Does the association currently have any special assessments, other than the normal monthly dues/assessments? If not, are there any special assessments planned in the next 24 months?

Insurance: Who is the insurer for the condo association master policy providing property coverage for the building and providing coverage for the general liability coverage? Who is the agent for the association? (Is he or she a Community Insurance Risk Management Specialist?)

Appraisal: When was the last time an appraisal was done to determine the appropriate amount to insure the condo association property? What was the appraised value?

Umbrella Insurance: Does the association have an umbrella liability policy and if so, what are the limits? Does the umbrella policy provide follow form directors and officer’s coverage?

Directors & Officers Insurance: Who is the insurer for the directors and officers’ liability insurance? Does the association have Cyber Liability/Data Breach Coverage?

Employee Dishonesty/Crime Insurance: Does the association have a fidelity (employee dishonesty)/ crime policy and if so, what are the limits? Does the limit equal at least the total of all operating accounts, reserve accounts and 3 months of assessments? Does the Crime policy have Social Engineering Coverage?

Employees: Does the association have any of its own employees? If yes, does the association have Workers Compensation Insurance? If so, does the association have an employee manual?

Property Manager: Does the association use an independent property or community manager? If so, what is the name of the management company and who is the key contact? If so, is the manager on site or is it a portfolio manager?

Property Manager Indemnification: If there is an independent management company is there a written management agreement. If there is a written management agreement, is there a mutual indemnification provision or just a unilateral provision running in favor of the management company?

Property Manager Errors & Omissions: If there is an independent management company, does it have its own errors and omissions policy?

Property Manager Fidelity/Crime Insurance: If there is an independent management company handling the association’s funds, does it have a fidelity crime policy? Does the association have Cyber Liability/Data Breach Coverage?

Association Financials: Does the association have audited financials? If yes, obtain a copy of the most current audited financials. If not, does an independent accountant handle the finances? If not, who handles the finances?

Positive Fund Balance: Does the association’s current balance sheet show a positive fund balance? If there is a negative fund balance, what is the explanation?

Collections: Who handles the association’s collections? Association? Attorney? Manager?

General Counsel: Does the association have general counsel? If so, who?

Elections: Has there been a challenge to the board election within the last 24 months.

Developer: Is the developer on the board and/or control the board?

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--- Sponsorships --Items Below Subject to Change without Notice

After Party Presenting Sponsors $3,0 0 0 - 0 of 2 AVA I L A B LE » » » » » » » » » » »

Logo and company name on all promotional materials. Full page, full color ad in the Trade Show program. Logo on approximately 17,000 mailers/tickets that are distributed via mail and delivered to board members and CAMs. Logo on the Trade Show ad in the Florida Community Association Journal. Two parking passes for day of show. Highlighted as sponsor in the Trade Show program. Presenting Sponsor signage at the front entrance and at the After Party. After Party wristbands to be printed with sponsor’s logo. Privilege to provide beverage napkins with company logo at the After Party event. Sponsor recognized at the monthly Chapter meetings. May provide material to insert in approximately 1,200 Trade Show bags. Sponsor signage in booth.

t u O Sold

Tacky Tourist Photo Booth Sponsor $ 2 ,5 0 0 - 0 O F 1 AVA I L A B LE » » » » » » » » » »

Logo and company name on all promotional materials. Full page, full color ad in the Trade Show program. Logo in the Trade Show ad in the Florida Community Association Journal. Two parking passes for day of show. Logo on all photos. Highlighted as sponsor in the Trade Show program. Presenting Sponsor signage at the front entrance and at the photo booth. Sponsor recognized at the monthly Chapter meetings. May provide material to insert in approximately 1,200 Trade Show bags. Sponsor signage in booth.

t u O Sold

Decor Presenting Sponsor $2 ,0 0 0 - 1 of 1 AVA I L A B LE » » » » » » » » »

Logo and company name on all promotional materials. Full page, full color ad in the Trade Show program. Logo in the Trade Show ad in the Florida Community Association Journal. One free parking pass for day of show. Highlighted as sponsor in the Trade Show program. Presenting Sponsor signage at the front entrance and at the Decor area. Sponsor recognized at the monthly Chapter meetings. May provide material to insert in approximately 1,200 Trade Show bags. Sponsor signage in booth.

--- Sponsorships --Items Below Subject to Change without Notice

Bar Sponsors $1 , 20 0 - 1 O F 4 AVA I L A B LE » » » » » » » » »

Logo and company name on all promotional materials. Half page, full color ad in the Trade Show program. One free parking pass for day of show. Highlighted as sponsor in the Trade Show program. Signage at the front entrance and at the Bar area. Privilege to provide beverage napkins with company logo at the Trade Show Bar. Sponsor recognized at the monthly Chapter meetings. May provide material to insert in approximately 1,200 Trade Show bags. Sponsor signage in booth.

Classroom Sponsors $1 , 3 0 0 BOAR D C ERT - 1 OF 2 AVA I L ABLE $9 0 0 LEGA L PA NEL - 2 OF 2 AVA I L A BLE $9 0 0 CEU - 2 O F 2 AVA I L A B LE » » » » » » » » »

Exclusive company specific (No attorneys/law firms for the Legal Panel). Business card size, full color ad in the Trade Show program. Ability to leave marketing material at each seat. Five minutes to introduce your company at the beginning of class. Highlighted as sponsor in the Trade Show program. Signage outside of classroom space. Sponsor recognized at the monthly Chapter meetings. Sponsor signage in booth. Education Class Times - Board Certification: 10am-12pm; CEU: 10am-11:30am; Legal Panel: 12pm-1:30pm.

World Traveler Sponsors $5 0 0 - 7 O F 8 AVA I L A B LE » » » » » » »

Logo and company name on all promotional materials. Business card size, full color ad in the Trade Show program. Highlighted as sponsor in the Trade Show program. Signage at the front entrance. Sponsor recognized at the monthly Chapter meetings. May provide material to insert in approximately 1,200 Trade Show bags. Sponsor signage in booth.

Be sure to update

your board’s member names, titles (President, Vice President, Treasurer, Secretary, and Board Member), and contact information to ensure your board members receive all the latest CAI member benefits!

Update today: ONLINE at www.caionline.org EMAIL addresschanges@caionline.org MAIL to CAI, P.O. Box 34793, Alexandria, VA 22334-0793

Have your community association board members changed since last year?

got credentials? If you have credentials, you have credibility. More than just letters after your name, CAI credentials identify you as the right professional for the job. They give employers confidence that you have the knowledge, experience and integrity to provide the best possible service to their associations. CAI provides opportunities for industry professionals to fast-track their companies and careers and stand out from the competition. If you hold a CAI credential, you are automatically listed in CAI’s online Directory of Credentialed Professionals, where potential employers and clients can find you—and see that you stand above the rest.

Learn how to earn CAI credentials today . . . visit www.caionline.org/credentials or call (888) 224-4321 (M-F, 9–6:30 ET) for more information.

CE N TRAL F L O R I D A T I M ES | 4 TH Q UARTER 2 0 1 8

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CE N TRAL F L O R I D A T I M ES | 4 TH Q UARTER 2 0 1 8

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4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

how to hire and fire hoa vendors BY KRYSTYNA JUTSON, SPERLONGA DATA & ANALYTICS

HOW IMPORTANT IS CHOOSING THE RIGHT HOA VENDOR? Recruiting and hiring new vendor partners for an HOA vendor list is a vital responsibility of the property management company. Choosing vendors means fewer headaches for the HOA and a sense of calm for both the management company and the board that a quality vendor contractor will mean a job well done. On the other hand, without a fully-vetted vendor list, an HOA may be left in the precarious position of hiring less than qualified contractors. In this scenario, property managers must intervene to assist board members in finding the right vendor for the job. It can be a time-consuming endeavor, but it can also save a lot of future headaches and potential legal problems. The property management company has the ability to introduce its HOAs to vendors with whom they have established long-standing relationships, but choosing a specific vendor/contractor should be done with care, as every HOA has specific needs, and one vendor that would fit a larger community may not be the right choice for a small condo complex. An HOA’s board of directors has a fiduciary duty to conduct business thoughtfully, with the best interest of the community in mind. 30

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CHOOSING HOA VENDORS TO FIT THE PROPERTY Property managers may oversee several properties, so what process should they follow to select the appropriate vendor for the job? When choosing a vendor, the choice made isn’t just a matter of the partner with whom the management company has the best relationship, but the one best suited for the job. As an example, a commercial landscaping contractor accustomed to grooming acres of lawn and trimming dozens of trees would not be an appropriate landscaper for a 14 unit condo complex with no lawn and a handful of trees. Larger contractors require more expansive jobs to cover overhead; smaller companies may have far fewer employees, less equipment, and far less overhead as a result. This is not to say the smaller company is less qualified to do the work, but many certifications and licenses required for larger communities are not necessary with smaller complexes. At a minimum, however, all vendors should have business licenses and/or insurance coverage as required by law. Should an accident occur with the vendor at fault, the association may be forced to use its own liability insurance, hence the vigilance and essential “checking off” of qualifications before the vendor is hired.

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4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

how to hire and fire hoa vendors continued PROPERTY MANAGERS: GET THE BOARD INVOLVED The property management company can help steer the board of directors through the complicated and tedious steps involved in selecting the best vendor, but, before you get started, keep these rules of thumb in mind:

• For larger jobs, such as deferred maintenance projects, obtain 3 bids. If the property manager does not have 3 appropriate contractors for the project on his or her preferred vendor list, then it’s time to research. Invite the board of directors to assist; they are valuable assets in determining what is best for their property.

• When you receive an estimate/bid, make sure that what is being offered is what was requested. At times, contractors may be tempted to pad their costs because of ancillary work that they believe could be beneficial (but not necessarily crucial). If the board and property manager believe the additional work is not critical to the project at hand but could be performed at a later date, ask the potential vendor to create a separate bid to be done at a later date. Ask for an expiration date for the bid. If the vendor does not honor a bid within its prescribed timeframe, find another vendor.

• Make sure you check qualifications. If it is a new vendor, ask for references and call the references. Obtain photos of their projects (before and after photos are particularly helpful) and see whether they have received positive reviews online.

• After all the steps above have been followed, the board should schedule a meeting with the vendor. This is particularly important with new vendors, and those whom the HOA will entrust with a large maintenance project. If the vendor is professional, on time, and forthcoming with providing all business references, licenses and insurance, then there is a good chance he will perform to expectations. Homeowners should be mindful of their CC&Rs regarding contracting independently without board approval. Contractors without the proper business documentation can open the HOA to legal action, but if the work they perform is counter to covenants and restrictions, the aesthetics of the community are undermined. When the board becomes involved after the fact, it could result in the homeowner having to spend more to undo what his contractor has done.

WHEN TO FIRE AN HOA VENDOR Vendor relationships develop over time. Property managers and

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boards come to count on go-to vendor partners to perform well and at a reasonable price. When relationships sour, it can be for a number of reasons. If a preferred vendor begins to turn out slapdash work, issues estimates past set deadlines, or suddenly starts issuing change orders, if you have an established affiliation, it may be time for a talk with your contractor. Reminding them that yours is a longstanding alliance is never a bad idea, but remember that they could be undergoing management changes, financial difficulties, or other business setbacks that affect the quality of their processes as well as their work. This is why it’s important to discuss these issues before they destroy a vendor partnership. If your vendor is fairly new and has left unfinished work, necessitating phone calls and emails for them to return to finish the job, add them to your list to not rehire. Property managers should remind HOA directors with job approval and payment authority that it is appropriate to hold back a final progress payment for a large project if the work is not complete. Once the walk-through is done and the board has done its assessment of work performed according to estimate, the progress payment can be released. It’s not appropriate for a vendor to contact a board member directly regarding payment; if the contractor proves to be valuable, the property manager (or the board member contacted) should remind them of the protocol. It’s prudent, albeit time-consuming, for a property manager to check existing vendors’ licenses and insurance periodically. If a vendor has supplied, for example, proof of Workers Compensation insurance, but that coverage expires during the course of work, look for another vendor. Even if your vendor does exemplary work, it is never worth sacrificing the financial security of the HOA when he has not done his due diligence as a business owner.

Disclaimer: This article is intended for general information purposes only and does not necessarily represent the thoughts, views or opinions of Sperlonga Data & Analytics and should not be construed as legal advice. For more articles like this one, please visit www.sperlongadata.com/blog.

“Devoted to the Personalized Representation of Community Associations” 390 N. Orange Ave. Ste. 2300 Orlando, FL 32801

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4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

community websites BY BECKER

ecker, a multi-practice commercial law firm with attorneys, lobbyists, and other professionals in offices throughout the East Coast, today announced the launch of MyCommunitySite.com, a website development service that allows Florida-based community associations to design and manage their own custom, statutorily compliant website. The service is a joint initiative between Becker and digital developer Shyft. MyCommunitySite.com was created in response to Florida House Bill 841, which mandates that every association operating a condominium with over 150 units have a website in place by January 1, 2019. The statute also requires the mandatory posting of operational documents including minutes from board meetings as well as certain financial statements. Benefits of the website development service for condominium associations include no upfront development cost, same-day website turn around, a low monthly subscription fee, comprehensive support packages, automatic updates, cutting-edge technology and design, and freedom from third parties and hidden costs. Chair of Becker’s Community Association practice group Kenneth S. Direktor said, “Becker prides itself on bringing innovative ideas and solutions to community associations and MyCommunitySite. com is our latest example. We have been advocates for community 34

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associations since Becker opened 45 years ago and have been breaking new ground ever since.” The firm previously introduced BPBallot.com, a proprietary e-voting software application for community associations. Becker was the first firm in Florida to offer the tool following a 2015 change in law allowing association members to cast votes electronically. BPBallot. com has since made paper proxies and ballots a thing of the past, and in doing so has helped to solve a long-standing challenge faced by managed communities. Becker has grown out of its pioneering role creating the law pertaining to the operation of common ownership housing and many of the leading cases in the field bear the firm’s name. Attorneys are recognized as individual leaders in the field through published works, public service, legislative activities, and industry group leadership positions. Additionally, several attorneys are members of the prestigious College of Community Association Lawyers. In Florida, Becker has the largest, dedicated team of Board Certified attorneys in Condominium and Planned Development Law among any firm in the state.

Becker, with headquarters in Fort Lauderdale, Fla., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast. More information is available at www.beckerlawyers.com.

1600 W. Colonial Drive www.melrosemanagement.com info@melrosemanagement.com 800.647.0055

TAKING COMMUNITY MANAGEMENT TO NEW HEIGHTS BOUTIQUE MANAGEMENT STYLE We carefully select the communities we serve to ensure that you get the quality of service you deserve. Our goal is not to be the largest management company, but to be the best at what we do. TAILORED TO YOUR COMMUNITY We work for your Board, creating a unique management plan tailored to your community’s specific needs. MULTI-LAYERED MANAGEMENT When you partner with Melrose, you partner with an entire team of professionals committed to one goal — serving your community.

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4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

winning awards BY YELLOWSTONE LANDSCAPE

ellowstone Landscape is proud to announce it has been awarded two Silver Awards of Excellence by the National Association of Landscape Professionals (NALP). Each year, the National Association Landscape Professionals Awards of Excellence recognizes exceptional landscape, lawn care, and interior plantscape design projects from around the nation. This year, 161 awards were bestowed for maintenance, design/build, or contracting projects. The awards were presented at the Landscapes 2018 conference that was held October 15th-18th at the Omni Hotel in Louisville, KY. Yellowstone has been the landscape maintenance partner for Del Webb at Lake Oconee in Greensboro, Georgia since 2015. The company created a comprehensive plan for maintenance of the beautiful landscaping found throughout this gated, golf cart, active adult community, located just two hours outside of Atlanta. As a newly developed, masterplanned community, Yellowstone was integrally involved in working with the property manager to ensure that the plants, trees, and flowers were maintained at the highest levels, to deliver added value to the community and its residents. The community features a collection of crafted, ranch-style homes surrounding a lake with resort-style amenities including a pool and clubhouse.

involved in the redesign and maintenance of the communityâ&#x20AC;&#x2122;s residential communities, amenities, infrastructure, parks and commercial buildings. â&#x20AC;&#x153;We are proud to be the landscape partner for both Del Webb at Lake Oconee and Mesa del Sol and are excited that both communities were recognized for a 2018 Silver Award of Excellence from NALP. Both of these master planned communities were designed with the natural environment in mind and boast a wide variety of plants, trees, shrubs, and flowers that are indigenous to their region. These communities are some of the most beautiful communities in their markets and set the bar for sustainably designed landscaping. We look forward to working with the ownership, property managers, and HOAs to continue to keep them impeccably maintained so that the landscape adds value to the residents and tenants for many years to come, said Joseph Barnes, Director of Marketing.

Yellowstone Landscape is a full-service commercial landscaping company committed to delivering excellence in landscape services throughout the Southern

Yellowstone also provides comprehensive maintenance services for Mesa del Sol, a sprawling, 2,792-acre master planned community of residential and commercial properties located in Albuquerque, New Mexico. The company has been the landscape partner to the developer of the community since installation and has integrally 36

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and Southwestern United States. Founded in 2008 and headquartered in Palm Coast, Florida, Yellowstone Landscape currently serves community associations, governments, resorts, commercial and retail properties, multi-family communities, and corporate, educational, and healthcare campuses from branch facilities. More info at: www.yellowstonelandscape.com.

4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

CAI CENTRAL FLORIDA CHAPTER MEMBERSHIP BENEFITS In addition to the many perks associated with a National CAI Membership, your local Central Florida Chapter oﬀers even more value and engagement to its members:

HOMEOWNER VOLUNTEERS

COMMUNITY MANAGERS

If three members from the same board join the chapter, your ﬁrst year of membership dues are FREE

CAICF will pay for HALF of your manager tuition fees for required education credits

MANAGEMENT COMPANIES

BUSINESS PARTNERS

Company recognition & networking Maximize business brand opportunities with current & recognition & enjoy exclusive potential clients, as well as face-to-face networking industry-speciﬁc business partners opportunities with potential clients

LOCAL CHAPTER EDUCATION AND NETWORKING EVENTS Quarterly Board Certiﬁcation classes CEU credit hours at speciﬁed luncheon events Participation opportunity at the Annual Golf Outing Invitation to the Summer Social & Annual Gala Admission and exclusive perks at one of the best community association tradeshows in Central Florida

Opportunity to attend and speak at panels, Q&A sessions, education classes, and Business Roundtable events Participation & sponsorship opportunities at the Annual Golf Outing Invitation to the Summer Social & Annual Gala Admission, exclusive booth vendor pricing, and sponsorship opportunities at one of the best community association tradeshows in Central Florida

Professional Designations & Certifications Local Professional Management Development Program Classes Quarterly Board Certification classes CEU credit hours at specified luncheon events

ACCESS TO SPECIALIZED COMMUNITY ASSOCIATION SERVICE PROVIDERS Online service directory Personal interaction at monthly events Panels and Q&A sessions

SPONSORSHIP & MARKETING OPPORTUNITIES In addition to brand recognition, sponsors enjoy beneﬁts like a free booth at the trade show, advertising opportunities, ﬁrst consideration at speaking events, discounted pricing for future sponsorships and events & advertising on the chapter website Inclusion in the Service Directory

INCLUSION IN ONE OF THE LARGEST CHAPTERS IN THE US ENCOMPASSING OVER 7,500 HOA & CONDOMINIUM ASSOCIATIONS IN MARION, VOLUSIA, SEMINOLE, ORANGE, BREVARD, OSCEOLA, POLK, LAKE & SUMTER COUNTIES!

Interested in joining the CAI Central Florida Chapter? For assistance or more information, reach out to the Executive Director by calling 407-850-0106 or e-mailing at exdir@caicf.org. To join now, visit www.caionline.org for membership categories and dues. Prior to joining online you will be prompted to log in or create an account. Membership dues are non-refundable. 38

CE N TRAL F L O R I D A T I M ES | 4 TH Q UARTER 2 0 1 8

4T H QUART ER 2018 | CENT RAL F LO R I D A TI M E S

A TRUSTED PARTNER FOR COMMUNITY ASSOCIATIONS Orlando Metro District

Sherwin-Williams understands the needs of HOAs and has the products and services to ensure long-lasting curb appeal and easy maintenance. From premium paints that provide performance and protection to color design services, on-site assistance, maintenance manuals and more — we’re here to help throughout the state of Florida.

Amber Schmidt Community Association Specialist The Sherwin-Williams Company

(352) 504-9079

COMMUNITY ASSOCIATION LOANS Valley National Bank understands maintaining property values is important to your Association. That is why we created a flexible and competitive priced package of loan products to assist you with renovations, repairs and insurance premium financing. UNIQUE ADVANTAGES: • Competitive Fixed and Variable Interest Rates • Project Specific Loan Structure • Flexible Payment Terms to Meet Your Goals • Up to 100% Annual Insurance Premium Financing

At Valley National Bank, we can customize a solution to meet your needs. Please contact us for more information. Charissa Eller Vice President Property Management Specialist Phone: 407-581-5426 Cell: 321-315-6275 Email: celler@valleynationalbank.com

CE N TRAL F L O R I D A T I M ES | 4 TH Q UARTER 2 0 1 8

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