CAICF | 1st Quarter 2021 Newsletter

central florida times

CAICF.ORG | 1ST QUARTER 2021

1st Quarter 2021

contact information P.O. Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-913-3777

2021 board of directors Frank Ruggieri, Esq., President

a message from the president During a recent board meeting in a 55+ community I represent, the Board debated, with plenty of input from homeowners in attendance, whether to and to what extent the recreational facilities should be opened for use by residents and their guests in light of COVID-19. This board has even formed a committee specifically tasked with gathering information regarding CDC guidelines and recommendations from other health organizations, available statistics regarding resident vaccinations, examining steps other communities have taken, and debating how best to use the information to develop a sound and balanced policy that recognizes the rights and competing interests involved.

At every level of society, we’re engaged in an ongoing discussion of how we get back to normal, or at least as close to it as we can, with the COVID-19 vaccines becoming more widely available and other positive signs. The community associations we serve are at the heart of this discussion. The homeowners and board members at the meeting engaged in a heated debate and ultimately decided on a policy for reopening that they felt balanced the interests of personal freedoms and personal safety.

Jarad Pizzuti, Vice President Chuck Strode, CAM, President-Elect Jessica Cox, Secretary Leslie Ellis, CPA, MSA, CGMA, Treasurer Matt Vice, Past-President Tracy Durham, CMCA, AMS, CFCAM, PCAM Donna Lendvay

CAI will be at the heart of this debate and I’m reminded of the impact our organization seeks to make in communities, where many of society’s debates first take place. I applaud all of our Members for their continuing efforts and recognition of the role we play.

Lynne Sadowski

Sincerely,

Robert L. Taylor, Esq. Tom Wheir

Frank Frank A. Ruggieri, Esq., The Ruggieri Law Firm 2021 President, CAI Central Florida Chapter

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a message from the ced

W REINI MARSH Central Florida Chapter Executive Director exdir@caicf.org 407-913-3777

e have been so blessed that we were able to have our Trade Show in 2020 and now have completed our 2021 Trade Show, even with a pandemic. There have been some changes and challenges, but the chapter, due to its faithful members, has come through with flying colors. We are still having in-person meetings and planning some social events for you as well. We understand how important networking is to our members.

that I send out every Tuesday!

In 2021, we will continue the free luncheon program for HOA board members (Homeowner Leaders) and community association managers (CAMs). We have upgraded the luncheon menu selection to include steak and we're striving to provide every opportunity to encourage CAMs to attend our events.

The Cares Committee has started off the year with an innovative Virtual Food Drive to benefit our community and our partner The Second Harvest Food Bank. So far, in about a month's time, we have raised over $900 to help feed those in our community that are hungry. For every $10 donated, the food bank is able to provide 40 meals. Please help us raise more money by visiting our virtual food drive by clicking here.

In April, our national award-winning event, “Meet the Managers,” will go on sale. As usual it will sell out, so stay tuned and make sure you read the entire email

We are happy to see that the National CAI Conference will take place in person in Las Vegas from August 18th-21st. National has worked hard to make this opportunity happen and it will be delightful to meet with our peers and learn new information on the Community Association industry. We hope you will join us! Check out page 8 for more information.

Thank you for all you do for our Chapter of CAI!

education workshops

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he Community Connections Workshop Series is hosted in partnership by Orange County Neighborhood Services Division and the City of Orlando Office of Communications & Neighborhood Relations. The workshops are free to all Orange County residents no matter what municipality you reside. For a list of upcoming Community Connections workshops from April to November 2021, click here.

Maintaining Mental Health During Difficult Times Saturday, April 10th from 9am-10:30am Learn from mental health professionals how coping with stress and the unknown in a healthy way will make you, the people you care about and your neighborhood stronger. Learn techniques to share with your neighborhood to reduce stress and maintain a positive attitude. Click here for the April 10th workshop information and to register on Eventbrite.

Make an Emergency Plan for Your Neighborhood Saturday, May 8th from 9am-10:30am Are your home and neighborhood prepared for a natural or manmade disaster? This workshop will provide the basic guidelines and procedures necessary to help you and your neighborhood respond more appropriately in an emergency situation. Information about 4

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additional trainings will be available to take your knowledge to the next level. Click here for the May 8th workshop information and to register on Eventbrite.

Can We All Just Get Along?

Saturday, June 12th from 9am-10:30am Conflict, arguments and change are natural parts of every organization. Sometimes being a neighborhood leader means dealing with confrontation and resolving conflicts. In this workshop, you will learn the stages of conflict and tips on staying calm and in control, as well as ways to resolve conflict. Click here for the June 12th workshop information and to register on Eventbrite.

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central florida chapter update 2021 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!

• April 1st: Monthly Luncheon Meeting: Effective Business Communication CEU presented by Betsy Barbieux of Florida CAM Schools at Dubsdread. Registration begins at 11:30am and the program begins at 12pm. We'll be following all safety protocols; masks and hand sanitizer will be available for the meeting. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30. SEATING IS LIMITED! NO SHOWS WILL BE BILLED $30. The luncheon menu has been upgraded! Enjoy Filet Mignon and Crab Cakes.

• April 16th: New Member Breakfast at the Altamonte Spring Panera from 9am-10:30am. Are you a new member of CAI? Join your Central Florida Chapter of CAI for FREE breakfast and new member orientation. Learn about all the ways you can get involved and make the most of your membership! Click here to register for the breakfast.

the storm. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be a flat $30. SEATING IS LIMITED! Register ASAP. NO SHOWS WILL BE BILLED $30. Pick from your choice of Prime Rib with Mushroom Au Jus OR Almond Crusted Grouper. If you are vegetarian, vegan or have food allergies, please contact Reini directly at exdir@caicf.org or 407-913-3777. Want to sponsor the May meeting? Click here for all the sponsorship details. Click here to register for the luncheon.

• June 3rd: Monthly Meeting • July 15th: Meet the Managers • August 5th: Monthly Meeting • September 2nd: Monthly Meeting

• April 22nd: Spring Social at Ember from 5pm-8pm • October TBD: 11th Annual Golf Tournament • May 6th: Monthly Luncheon Meeting: Hurricane Preparedness CEU presented by Kelly Corcoran of Ball Janik at Dubsdread. This class discusses First Party Property Damage Claims and Insurance Recovery options following storms, how community associations can prepare, what to do during to safeguard residents and the property, and clean up following

• October 7th: Monthly Meeting • November 4th: Monthly Meeting • December TBD: Annual Meeting, Gala & Fundraiser

SPONSOR AN UPCOMING CHAPTER MEETING IN 2021!

Each sponsor for the Chapter Meetings receive face time in front of the membership with the microphone to talk about your company. You will also be able to put give-away items and collateral on all the tables. Space is also provided for our sponsors to display their marketing materials.

Every sponsor is important to our chapter and your generous donation goes directly to off set the costs of the program. Only 3 sponsors are permitted per program. Please consider sponsoring today! Click the links below to register as a sponsor at one of the upcoming meetings!

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:

Contact Reini Marsh at exdir@caicf.org or 407-913-7777 6

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caicf.org/directory.

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national conference

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AI is proud to announce plans for the 2021 Annual Conference and Exposition: CommunityNOW, to be held in person August 18th–21st in Las Vegas. Preconference education courses will take place August 16th–17th.

We are aware that these unprecedented times require us to reassess all aspects of planning and hosting events in order to ensure attendee safety. We have moved the conference from early May to mid-August, allowing more time to plan, address new health and safety protocols, and create an approach that complies with federal, state, and local regulations, while also allowing additional time for more extensive distribution of vaccines to the general population.

In addition to a date change, the conference venue also has changed.

We will continue to partner with Caesars Palace; however, hotel lodging will move across the street to Harrah's and The Linq, and conference activities will take place in the newly opened Caesars Forum—a 300,000-square-foot conference center adjacent to the hotels. We are confident the larger meeting space will offer a great attendee experience while still maintaining any social distancing requirements that are still in place come August.

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and professional connections by meeting colleagues from around the world and building on their collective wisdom. The Annual Conference features plenty of opportunities to develop connections and expand your network with small-group interactions and large social events. Receptions, meetings, exchanges and ShopTalks offer a variety of venues for advancing ideas and cultivating the professional contacts that can be as critical to success as education and experience. Click here for more information on the conference and expo, and to register to attend.

REGISTRATION IS OPEN - SAVE BIG BY REGISTERING BEFORE JULY 20TH! Full conference registration includes: • All education sessions • All general sessions • Wednesday welcome reception (one ticket) • Thursday expo (one ticket)​ • Friday expo (one ticket) • Friday Backyard Bash and awards dinner (one ticket) MEMBERS: $620 early; $685 standard.

​ e know that you will have many questions in the coming weeks, W and we will do our best to make communication a top priority. We are working to create an event that is safe and meets the expectations of our members, exhibitors, sponsors, and staff. We appreciate your patience, grace, and flexibility as we move forward.

​NONMEMBERS: $770 early; $810 standard​.

WHO SHOULD ATTEND

HOMEOWNER MEMBERS: $460 early; $525 standard​.

Through shared perspectives, experience and knowledge, a strong peer network is one of the best resources for creating community legacies. Shape your future success and strengthen your personal

ONE DAY ONLY REGISTRATION (Thursday OR Friday -- must be a member of CAI for one day rate)​: $510 early; $575 standard.

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3RD & ADDITIONAL REGISTRANTS (from the same firm / association. Discount applies only when registrations are submitted together -- members only): $570 early; $635 standard.

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association banking

BY TAMMY ZUKNICK, VICE PRESIDENT, ASSOCIATION BANKING AT AMERICAN MOMENTUM BANK

4 Digital Services that Simplify Association Banking “Online banking” is not a new term. In fact, nearly all banks offer some form of it, albeit, to varying degrees of capabilities and sophistication. It’s likely your community association managers and board members are able to log in to the association’s online banking platform, as well as deposit checks with a mobile device and pay vendors via Automated Clearing House (ACH).

But did you know some banks offer additional online services specifically designed to make life easier for community association managers (CAMs) and board members? Here are four digital services that help streamline, simplify and reduce risk for community association banking.

Meanwhile, some banks allow for signature cards to be signed electronically through a secure online system, such as DocuSign, or via a secure email system. This solves the problem of board members having to come into the bank and speeds up the process of getting all signers to sign the card. However, many banks that offer this will not update the signature card on the account until all new signers have completed the form.

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The ideal way for a bank to handle signature card updates is to allow each board member to sign the card individually, with each new signer being added to the account upon completion of the form, regardless of how quickly the other signers complete theirs.

THE ABILITY TO EASILY PROCESS SIGNATURE CARDS ONLINE

Adding board members as signers on a bank account can be a difficult, cumbersome task. This is especially true if your association’s bank requires that each signer on the account sign a single physical card before submitting it to the bank – sometimes

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in person. This can be particularly tricky and time-consuming when board members don’t live in the same area, as in the case of snowbirds, or during a pandemic when people are trying to limit contact with others.

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Continued on page 12

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association banking cont.

Particularly association-friendly banks, including American Momentum, offer this option to make this process as painless as possible.

their bank will gain the benefits of streamlining operations and increasing fraud detection capabilities.

With integrated accounting software, the association’s bank and the software communicate directly and automatically.

This integration helps decrease human error for community association managers and their accountants.

The right integrated accounting software can also be a powerful fraud prevention tool because it reconciles associations’ bank accounts every day. When accounts are reconciled daily, accountants are able to immediately catch errors or detect potential fraud. This is especially crucial for associations, because there is only a 24-hour window to report unauthorized ACH debits to your bank and request the funds be returned.

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THE ABILITY FOR BOARD MEMBERS TO SCAN THEIR SIGNATURES

In order to process payments, many board members must meet with their CAMs to physically sign checks. In the current age of social distancing – as well as the possibility that board members are out of the area at any given time – in-person meetings are not always ideal.

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AN ONLINE PORTAL FOR BOARD MEMBERS

Some banks have partnerships with software providers that offer online portals for board members. For example, American Momentum is a partner bank with CINC Systems, an internet-based integrated accounting and property management system for the community association industry.

A robust online portal allows board members to do everything from approving invoices to viewing financial statements to approving work orders to viewing live delinquency reports.

Instead of having to come into the association office or meet with the community manager in person, board members can conduct business virtually via the online portal, no matter where they’re located. An online portal will also help better track activities and keep files more organized than a system that involves trading emails and snail mail, and maintaining hard-copy files.

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MANAGEMENT & ACCOUNTING SOFTWARE THAT INTEGRATES WITH YOUR BANK

Speaking of accounting and property management software like CINC, associations that use software that also integrates with 12

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Some banks, including American Momentum, offer associations the ability to eliminate the need to exchange paper checks among team members. Accounting software that integrates with the bank can save signers’ signatures so that when a board member approves an invoice online, his or her signature will automatically print on the check.

FINAL CAVEAT Before wrapping up, it’s important to share: while online banking services can improve an association’s banking experience in many ways, it is still vital to maintain a personal relationship with your banker. A banking professional with experience in association banking will be a trusted partner and advisor for your CAM, boards and communities.

Tammy Zuknick is Vice President of Association Banking at American Momentum Bank. For more information, she can be reached at tzuknick@americanmomentum. bank and 941-713-8523.

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welcome new members!

BUSINESS PARTNERS Blue Stream Ms. Jennie Sanchez Duval Landscape Maintenance, LLC Mr. Micah M Mohanna Fifth Third Bank Ms. Catherine Kellie Dickerson, CMCA JC Painting Contractors Ms. Virginia Andre Kustom US, Inc. Ms. Kimberly Marks RestoreMasters Ms. Lea Maraman Specialized Pipe Technologies Mr. Jeff Graff The Davey Tree Expert Company Mr. Jeffrey Huber

MANAGER MEMBERS

VOLUNTEER HOMEOWNER LEADERS

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Mr. Christopher Leggett Live Oak Reserve Homeowners Association

Mr. Don Kratt WLCA4-Jade/Lakeshore/Riverbend

Mr. Paul Snyder North Shore at Lake Hart Homeowners Association

Ms. Kelly Marzullo WLCA4-Jade/Lakeshore/Riverbend

Ms. Lisa Solick North Shore at Lake Hart Homeowners Association Mr. Rob Taub North Shore at Lake Hart Homeowners Association Mr. Paul McNamera WLCA-6 Waterford/Woodlands Ms. Susan Mitchell WLCA-6 Waterford/Woodlands

Mr. Logan Chavez Ms. Darcie Englert American Home Team Realty, LLC

Ms. Michelle Zabella WLCA-6 Waterford/Woodlands Mr. Errol Walsh WLCA-7 Committee/Staff Mr. Richard Bernier WLCA-8 Crystal Bay Ms. Jill Brecher WLCA-8 Crystal Bay

Mr. Irvine Angelo Headley Ms. Holly Hernandez Mrs. Deborah Cruz Mafra, CMCA Artemis Lifestyle Services, Inc.

Ms. Darius Adams WLCA1-Barrington/Bradfordt Lakes & Village

Mrs. Amanda C. Narehood

Ms. Marylou Molina WLCA1-Barrington/Bradfordt Lakes & Village

Ms. Stefanie Nicholson, CMCA HomeRiver Group

Ms. Holli Davis WLCA2-Bramble/Carrington/Crossroads

Ms. Jennifer Chioma Teolis

Mr. Thomas Guimond WLCA2-Bramble/Carrington/Crossroads

Mr. Jim Thomas

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Ms. Nereida Thorimbert

Mr. Maureen O'Brien WLCA2-Bramble/Carrington/Crossroads

Ms. Patricia Ann Wasson CCMC

Ms. Michelle Keyston WLCA3-Cypress/Emerald/Estates/Finns

Ms. Dorena Ann Wise Leland Management

Mr. Carlos Rivera WLCA3-Cypress/Emerald/Estates/Finns

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Mr. William Grooten WLCA5-Sapphire/Magnolia/ Thatcher/Waterbury/Waterford Mr. Jim Molnar WLCA5-Sapphire/Magnolia/ Thatcher/Waterbury/Waterford Mr. Sam Osterloh WLCA5-Sapphire/Magnolia/ Thatcher/Waterbury/Waterford

Ms. Lisa Scales WLCA-6 Waterford/Woodlands

Ms. Karen Altman Ms. Yelinska Caamano

Ms. Dawn Gourley WLCA5-Sapphire/Magnolia/ Thatcher/Waterbury/Waterford

WANT TO JOIN CAI? Homeowners, Managers, and Business Partners can become members.

If you provide products or services to community associations, CAI can give you direct access to thousands of potential customers and provide unique opportunities through networking luncheons, socials, and other great events. Visit caicf.org/resources/ membership to learn more!

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construction defects

BY GREG DEMERS AND NICK VARGO, BALL JANIK

DEMOLITION OF HOMEOWNERS’ RIGHTS AGAINST FAULTY CONSTRUCTION:

A Discussion About the Requirements Under Florida’s Chapter 558 Notice of Construction Defects & Proposed Legislation

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ypically, the most important, and largest, purchase in a person’s life is their home. Due to negligence in the construction industry, many homes are built with construction defects that require tens or hundreds of thousands of dollars in repairs.1 In the last five years, numerous large builders have settled claims with the Office of the Attorney General for alleged violations of Florida’s Unfair and Deceptive Trade Practices Act. Specifically, builders were accused of systemically violating the Florida Building Code and then denying righteous warranty claims made by the homeowners.

Unfortunately for homeowners in Florida, large builders and insurance companies are using their lobbying power to make it even harder for homeowners to make claims for construction defects.

Florida representatives are taking aim at Chapter 558, Florida Statutes, which already requires homeowners to give builders notice

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of the defects and opportunity for the builder to resolve the issues without litigation. In addition to the Chapter 558 requirements, under the 10-year statute of repose, and 4-year statute of limitations, the Florida Legislature placed hard deadlines on when construction claims could be brought. Now, a recent bill seeks to put even more limits on homeowners’ rights to get what they paid for: a safe home that was built to last.

Before getting into the current legislation, it is important to note recent changes to Chapter 558. In 2019, the Florida Legislature amended Chapter 558, Florida Statutes, in response to Florida’s Fourth District Court of Appeal’s decision in Gindel v. Centex Homes, et al., to prevent the Notice of Construction Defect from tolling the applicable 10-year statute of repose under § 95.11(3)(c), Fla. Stat.

Continued on page 18

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construction defects cont.

• A personal statement from the claimant regarding their personal knowledge of the defect;

• Acknowledgement from the homeowner that they are aware of the penalties of perjury; and

• A signed statement declaring all facts alleged are true under penalty of perjury.

In practice, this meant that homeowners may now need to file suit before the expiration of the 10-year repose period, regardless of whether the 558 Notice (this isn’t a defined term; “notice” is referred to herein as “558 Notice,” “Chapter 558 Notice of Construction Defects,” and “Chapter 558 Notice of Claim”) was sent.

Now, Florida State House District 2 Representative Alex Andrade’s House Bill 21 aims to limit homeowners’ ability to bring suit regarding construction defects affecting their homes. Florida’s elected representatives are narrowly passing it through their subcommittees, with the legislation passing through both the Civil Justice and Property Rights Subcommittee and Regulatory Reform Subcommittee. In essence, Representative Andrade’s bill adds more hurdles to homeowners seeking recovery for construction defects, by requiring:

• The homeowner to suffer from a “material violation” of the Florida Building Code, which the amendment defines as “a violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or a system”;

In addition, if builders do perform warranty work, it is commonly a “Band-Aid” repair rather than a proper long-term fix. If the “BandAid” repair lasts long enough to pass the 4-year statute of limitations, the builder could be safe from litigation.

• One photograph of the alleged defect or evidence of the

As a reminder, the purpose of Chapter 558 was to encourage builders and homeowners to attempt to resolve their disputes informally before resorting to litigation. However, this new legislation adds more unnecessary complications and virtually requires that homeowners seek out counsel and hire forensic engineers before serving a Chapter 558 Notice of Claim, by requiring “specific detail” of the defects and photographs of the alleged defects. If this is supposed to be an opportunity for both the builder and the homeowner to resolve the issues, why does the Legislature continue to make it more difficult for homeowners to simply notify their

defect, and a description of the damage or loss resulting from the alleged defect, if known;

Continued on page 20

• The homeowner to “properly” submit a claim for the alleged construction defect under an applicable warranty and wait for the warranty provider to either deny or provide an unsatisfactory remedy to the claimant within time periods prescribed by the warranty;

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As seen above, Florida’s Legislature wants to add more requirements to the Florida Statutes, Chapter 558 Notice of Construction Defects process by requiring homeowners to wait until after they have “properly” filed a warranty claim, and continue to wait until after the warranty provider, at its own discretion, has resolved the warranty claim. Anyone who has dealt with making a home warranty claim understands the onerous task that the Legislature would be forcing upon homeowners if House Bill 21 is passed. Indeed, typical builder contracts are contracts of adhesion that contain shockingly oppressive terms that eliminate or limit every possible right a homeowner has against the builder. In fact, the warranties that are provided typically eliminate all claims against the builder after one year other than for catastrophic failure of the structural capacity of the home. The “properly” filed warranty condition is especially egregious, not only because it would allow a warranty provider to act as a gatekeeper to justice, but because it would also allow a warranty provider to simply not offer a remedy to the claimant and potentially “run out the clock” on the homeowners’ ability to bring a lawsuit.

The purpose of adding this section to House Bill 21 to the current Ch. 558 requirements is not to curtail frivolous litigation, but rather, it is a clever maneuver to try to chip away at the owners’ already limited timeline to bring suit for faulty construction.

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construction defects cont. builder that there is something wrong with the construction by causing the homeowner to expend thousands of dollars before even starting the conversation?

As further evidence of House Bill 21’s attempt to limit owners’ access to justice by driving up the costs to bring claims for construction defects, the proposed language requires a homeowner to sign a statement in BIG BOLD TEXT stating that they can go to jail if they state something inaccurate in their notice to the builder.

This requirement can only serve the purpose to intimidate and bully homeowners with righteous claims to abandon those claims in fear that the big builder with deep pockets will seek to put the homeowner in jail.

increased insurance rates as a result of the Chapter 558 process.

Most people support the contractors that want to stand behind their work and fix any issues they have, and we should work towards legislation that protects the good contractors and penalizes the bad contractors performing shoddy workmanship. Rather than put additional burdens on homeowners suffering from construction defects, the Legislature should focus on additional requirements for general contractors and developers to ensure there is proper supervision of their subcontractors’ work. Accordingly, the Florida Legislature should also be discussing revisions to Chapter 553 and the Florida Building Code requirements to ensure proper building practices to protect the investments of Florida’s consumers.

Why are our Florida Representatives adding more hurdles to homeowners’ access to justice, rather than protecting the consumers?

If we want to fix the problems affecting both homeowners and small contractors, House Bill 21 is a step in the wrong direction.

Instead, we need to begin enforcing stricter construction practices and supervision requirements for general contractors, and placing more responsibility on large developers to ensure building practices conform to the Florida Building Code and industry standards.

Homeowners, consumer rights advocates, condominium associations, or homeowners associations should strongly oppose this legislation and contact your representatives to express your concerns.

Any reasonable layperson would be reluctant to sign anything under penalty of perjury without consulting with a lawyer, which defeats the purpose of this pre-suit resolution process. Again, this is an attempt to limit owners’ access to justice by driving up the costs just to start a discussion about the potential defects.

The Chapter 558 process already allows for builders to verify the allegations in the Chapter 558 Notice by performing inspections of the property. This new requirement is simply a scare tactic added for the builders to prevent homeowners from seeking remedies for their construction defects. Notably, there is no comparable requirement in House Bill 21 that the homebuilders’ response to the Chapter 558 Notice be signed under penalty of perjury. Under the legislation, builders are free to state that defects do not exist with no threat of jail. Without question, this Bill does not seek to benefit the homeowners, only the builders.

Lastly, builders argue that the current Chapter 558 requirements are hurting the small contractors because they are facing litigation costs before they even know what is wrong with their products, and 20

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FOOTNOTES 1

“Florida’s Billion Dollar Stucco Problem” is nothing new to Florida

homeowners, as many news outlets have reported on the issues throughout the state.

On February 17, 2021, the Florida House Civil Justice and Property Rights

2

Subcommittee voted 10 to 8 in favor and, on March 8, 2021, the Regulatory Reform Committee voted 9 to 8 in favor of HB 21.

This issue opens a whole new can of worms that are provided under Florida’s

3

statutes governing statute of limitations and statute of repose under §95.11(3) (c), which are beyond the scope of this article.

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success defined

BY BETSY BARBIEUX, CAM, CFCAM, CMCA, FLORIDA CAM SCHOOLS, LLC

The GIFT of SUCCESS

M

ost of us don’t plan to be failures. We grow up having hopes and dreams. Plans for the future – family, work, fun, quests, and maybe even fame and fortune.

We educate ourselves, invest in personal and professional growth seminars, spend time learning how to overcome dysfunctional behaviors that hold us back, devote time to our family and friends, and believe life will be good to us.

The shelves at the bookstore are filled with business or self-help books promising success to their readers. Some books define success as a 6-figure income. Others define success as a higher education and offer a degree for free. Several will tell us being selfemployed is the mark of true success.

We buy the books and implement some of the ideas. But, despite our relative achievement of success, crisis inevitably takes away the sweet taste. We may reach that 6-figure income, build the half million dollar home, and drive the Lexus, but then a divorce, financial reversals, health problems, or a family crisis pulls the plug 22

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on our “success.” Failure, not success, seems to be the end result.

Not only do we struggle with success but so do our boards of directors and the communities they serve. With back-to-back hurricane seasons several years ago followed by escalating property values that came crashing down, communities face various crises that could lead to failure. Budgets are shot. Staff is reduced.

Maintenance is put off. Collections are high. Foreclosures stalled.

Reserves aren’t fully funded. Stress is high, and patience is thin.

Whether you are an individual or an association, success just seems to be harder to attain these days. Or is it? Perhaps we should question our definition of success. Is success tangible? A set of circumstances? A state of feeling? A belief? Hopes and dreams that fail have a way of making us take a look at how we define success.

So the question then becomes, when the tangible evidence of success is gone, are we still successful?

Continued on page 24

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success defined cont.

In an informal poll of managers, ninety percent defined success as contentment, inner peace, liking yourself, having a purpose in life, and fulfillment. Only ten percent responded with answers like the 6-figure income, big house, and fancy car.

The poll asked participants to rate certain factors as relevant or not to success. Following are the composite answers:

24

attitude. They have ever increasing control over their thoughts, words, actions, attitudes, and motives. Successful people know emotions never work independently from thoughts. They use their ability to be self-aware to analyze their thoughts. They know that once the thought life is under control, the emotions will be manageable, and their actions will be appropriate. They accept full responsibility for their emotions and actions and, seldom, if ever, blame others.

Successful people have a sense about who they are. They can talk about themselves with regard to their strengths, visions, and weaknesses, rather than their accomplishments or the important people with whom they have rubbed elbows. There is an absence of anger or shame with regard to their race, nationality, parents, brothers and sisters, gender, birth order, physical appearance, mental abilities, and age. Instead of being bitter about these unchangeable aspects, they spend their energies changing what they can; their attitudes.

Successful people have goals that move them toward their mission.

Goals regarding time, money, and relationships are measured against the mission. Successful people set goals and make themselves accountable to peers and friends for achieving them.

They understand that interdependence with others is a higher calling then being merely independent. They have come to the point in their lives where they realize they don’t know it all; that it’s okay to depend on others for information, counsel, and support.

Successful people are not defined by their job or career. Instead, they have a sense of mission, an overarching purpose. They are living to leave a legacy of some kind. They are living to make a difference in at least one other person’s life. Their mission might be their career. More likely, their career is the vehicle that allows them the time and money to accomplish their mission. Successful people might retire from their careers, but they never retire from their missions. There is a desire to make at least part of the world a better place. There is a sense of giving back, rather than taking all they can take.

Successful people make choices everyday about what is important and unimportant, urgent and not urgent. They realize that most circumstances are not fatal or final. Not every telephone call is important; though most of them have the ring of urgency. Getting your eyes checked is not urgent, but it is certainly important.

Listening to a grieving resident is not urgent, but it is important.

Successful people know when to say yes or no to demands on their time, money, and affections. Successful people make choices every day to invest in others’ lives; to affirm, encourage, and support.

They give of themselves to their work, families, and communities.

Successful people know the only thing they can change is their

Continued on page 26

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success defined cont.

Those polled seemed to agree that being successful had more to do with knowing who you are, why you are here, and where you are going, than the large income figure, big house, and fancy car.

In his book, The Traveler’s Gift, Andy Andrews, defines seven decisions that will determine personal success. If those principles were applied by managers and boards of directors, they might look like this:

4

I HAVE A DECIDED HEART.

Once a decision is made EVERYONE in leadership should be on board with that decision. That means no board member or anyone who is part of the management staff will grumble and complain about the decision and wish for it to fail. A board cannot be effective and be divided at the same time.

5

TODAY I WILL CHOOSE TO BE HAPPY. I AM THE POSSESSOR OF A GRATEFUL SPIRIT.

Yes, times are tough, but as long as you are still breathing there is hope for something better. Happiness is a choice.

Gratefulness has nothing to do with circumstances. Gratefulness is a decision to be made. If you start to make a list of things you are grateful for, you’ll find it several pages long.

6

I WILL GREET THIS DAY WITH A FORGIVING SPIRIT. I WILL FORGIVE MYSELF.

No one is perfect. Everyone makes mistakes. Sometimes you will never understand why someone did or said something so hurtful to you. There will never be a meeting of the minds about it and no way to fix the situation or repair the relationship. They’ll never understand your point of view. Rehashing the past keeps you there instead of in the present moment. Forgive and move forward.

1

THE BUCK STOPS HERE.

The responsibility for the management of your association rests squarely on the board of directors. A board may delegate its duties, but never its responsibility. That’s why you purchase Directors and Officers Insurance. This insurance provides coverage for governance mistakes ONLY if you have devoted proper time and attention to your duties and are not seeking personal gain.

2

7

I WILL PERSIST WITHOUT EXCEPTION.

Those who know who they are, why they are here, and where they are going can be persistent without exception.

They are true to the person they know themselves to be, their mission is ever before them, their attitude is one of gratefulness and hopeful expectation, they have flexible goals that roll with setbacks and crises, and they have learned to make wise choices with their time, money, and affections.

The gift of success can be yours because success is a matter of the mind and heart. Choose it now! Choose it everyday!

I WILL SEEK WISDOM.

No one can know everything, perceive everything, or understand everything. There is wisdom in the counsel of many. A person who is emotionally mature knows this and spends time with others seeking their opinions and knowledge and then adds it to his own in order to make a more complete decision.

3 26

I AM A PERSON OF ACTION. I CHOOSE NOW.

Betsy Barbieux, CAM, CFCAM, CMCA, a Professional

Some decisions are time sensitive. Don’t take another straw poll or get a fifth estimate. Go a step further than the Nike ad that says “Just do it.” Do it NOW. Seize the moment.

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ou may hear the word fiber regularly in relation to cable or Internet, but what exactly is it? Fiber is the future!

Fiber to the home (FTTH) refers to the use of fiber optic cable from a central point straight to each home to provide highspeed internet. Fiber has superior speed, bandwidth, latency, signal, security, and reliability across the board than any other network available.

From a homeowner’s perspective looking for a world-class connection, from a developer’s perspective looking to future proof their development, or from a property manager’s viewpoint, looking to secure their community with the most reliable services, what is the common denominator? A Fiber-ToThe-Home solution.

With FTTH, homeowners get quicker internet and improved bandwidth, permitting them to stream higher-quality media and increase the quantity of connected devices, at the same time.

With fiber optic internet, speed does not decrease as additional 28

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devices are put on the network, which is incredibly important as consumers work from home, engage in online learning, and continue to enjoy additional connected devices each day. Video streaming, file sharing, uploading and downloading, and gaming, among other activities, are ones that a fiber optic network can support much more reliability than a traditional coax network.

With FTTH, builders and developers can be sure that their development will stay current, compete with future developments, and be able to support future-generation technologies. A 2015 study by FTTH Council found that adding fiber-optic internet to your property can increase its value by 3.1%. This is equal to a $9,000 property value increase on a $300,000 home. Though this addition to a home isn’t tangible like other premium additions (such as adding a bathtub or a fireplace), its value lies in the extensive benefits of fiber. Fiber transmits information 400x further and 10x faster than traditional copper wires, and is more Continued on page 30

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fiber optic cable cont. of communities are implementing it and need it to compete with other communities for potential rental. Since fiber is the most strong, reliable material, preventing moisture and scratches, it is not susceptible to inclement weather or human/electrical interference. This network dependability mixed with fiber’s signal strength and the day-to-day-experience for residents makes it a top choice for many HOA’s and COA’s today.

secure, durable, reliable, and prepared for the future. Fiber cables are created to last up to 50 years, making them a good long-term investment for new developments as well.

Lastly, Property Managers strive to provide their community with the most reliable services to ensure efficiency and happy residents. Fiber internet can also be more than 10X times as fast as a standard coax connection, so it is no surprise that lots

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As internet usage continues to increase in the future, the bandwidth that fiber supports will become necessary to prevent issues. Taking this forward-looking approach to preparing your property will ensure integration with future technologies and prepare you for next generation innovations. With increased use of the Internet each day due to technology and the way we consume media, having reliable fiber architecture increases efficiency, and ultimately creates a better experience.

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association lawyers

BY JOE SMITH, ESQ., BURG SIMPSON

Reflections on Serving Community Associations “The first thing we do, let’s kill all the lawyers.”

-- William Shakespeare, Henry VI, Part 2 Before I decided to go to law school, I interned at a small architecture and interior design firm that specialized in highend, custom homes. It was an ideal job for an aspiring architect.

However, for reasons I won’t bore you with here, I headed off to law school thinking that I would represent architects and engineers. In hindsight, I have to admit that I had no idea what representing architects and engineers would really involve. Fast forward to today, and I find myself in a career where, according to a 2013 Pew Research Center report, 34% of Americans believe lawyers contribute not very much or nothing at all to society, and only 18% of Americans said lawyers contribute a lot to society.

In an earlier American Bar Association survey, 51% of respondents agreed that “we would be better off with fewer lawyers.” How’s that for public esteem?

Since 1999, I’ve worked with and represented hundreds of community associations faced with the daunting prospect of construction defect litigation. Reflecting back on these past 20+ years, I like to think that all of us who work with community associations (CAMs, management company staff, vendors and other product and service providers and, yes, even lawyers!) have a positive impact on the lives of the homeowners and residents we 32

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serve each and every day. Luckily for us lawyers who work with community associations, the studies mentioned above looked at the legal profession as a whole as opposed to our specific practice and don’t appear to reflect the opinions members of community associations hold of the lawyers representing their associations. (I certainly hope that the owners and residents we work with have a higher opinion of the work we do.)

• Let me be clear. Do I believe the collective we contribute a lot to our communities and beyond? Absolutely. “Why?” you might ask. Well, let’s start by looking at some other, far more positive statistics about what we all do. According to CAI’s 2019-2020 U.S. National and State Statistical Review for Community Association Data1: In 1970, there were 10,000 community associations nationwide. Today, there are an estimated 350,000 community associations in the U.S., serving 27 million housing units and 74 million residents.

• Between 9,000 and 11,000 new community associations are formed every year.

• There are 55,000 to 60,000 community association managers and 8,000 to 9,000 community association management companies.

Continued on page 34

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association lawyers cont.

• Management companies employ about 110,000 people.

• The real estate value of all community associations and their units exceeds $2.25 trillion, which is approximately 17-19% of the value of all U.S. residential real estate.

• The estimated annual operating revenues for all community associations in the U.S. is more than $35 billion.

• 2.4 million Americans serve on a community association Board or committee. Those members provide 86.7 million hours of annual service worth an estimated $2.4 billion.

• Annual assessments collected from homeowners total $96 billion.

• Florida has 48,500 Associations, second only to California (49,200 Associations) with approximately 9.6 million residents (California had 14 million residents).

• CAI, which was formed in 1973, has more than 43,000 members.

I don’t know about you, but those numbers shocked me. They tell me that the communities we assist, whether small or large, old or new, condo or homeowner association, represent much more than just isolated groups of people and homes with, at best, a local impact. Instead, the work we do has major ramifications, extending beyond the physical boundaries of any single community. We help our communities provide housing to almost a quarter of the U.S. population. The communities we serve contain nearly 20% of all housing units in the country. We help our communities contribute nearly $100 billion to the nation’s economy—and that’s just through annual assessments! Imagine what that revenue is when you add in vendor services, property taxes, utility expenses, and all the other costs that go into operating every single community.

If we—and I do mean all of us—didn’t show up for work every day with a smile on our faces, and didn’t give 110% effort to the alwaysgrowing list of “to do’s,” where would our communities, and all the people who so heavily depend on these communities, be? Probably in pretty bad shape.

have the resources to repair defects out of their own pockets or the know-how to begin prosecuting the legal claims they’re entitled to in an effort to make those responsible for the defects pay for the proper repairs. Most importantly, I represent Associations and their owners because, like CAI, I feel compelled to help build better communities, and I like collaborating with community managers to help board member volunteers put their Associations in the position to provide the safer, properly-constructed homes and communities every common interest community homeowner deserves.

Do I miss being an architect? Sometimes. Do I wish there was a day on the horizon when construction defect lawsuits, and my involvement in these suits, were no longer necessary because developers and builders would put more emphasis on quality and stand behind their projects when mistakes happen? I sure do.

When that day comes, I might just go to medical school to become an ER doctor! But in the meantime, I’ll keep working with the communities I’m lucky enough to represent. It is important for me, and so many other folks who help common interest communities across the country, to remember we are fortunate to have careers that allow us to serve the greater good and help common interest communities across the country continue to be what they are: juggernauts of real estate and related services and financial worth for nearly one-third of the U.S. population.

Joe Smith is a licensed attorney in Florida and Colorado and a Colorado licensed architect with over twenty-five 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 several forensic services to private and public clients. Prior to that, Mr. Smith spent nearly twelve years as a construction defect attorney representing homeowners and commercial building owners on matters ranging from Compliance with local, state, and federal laws and regulations

So, why do I do what I do? Because, when faced with the potentially catastrophic consequences of construction defects, homeowners and condominium associations have very little bargaining power compared to developers, builders and other construction professionals. Overworked and understaffed building departments can’t possibly watch every nail be driven, or screw set, or shingle attached to ensure construction complies with the plans, specifications and building code. And Associations rarely 34

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Post-construction warranty and repair work.

FOOTNOTES 1

Available at foundation.caionline.org/wp-content/

uploads/2020/08/2020StatsReview_Web.pdf (last visited February 9, 2021).

For more about CAI’s “mission,” visit www.caionline.org/AboutCAI/Pages/

2

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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?

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z reserve specialist (rs™) z Community insurance and risk management specialist (Cirms®) CrEdEnTIALs For MAnAGEMEnT CoMPAnIEs: z accredited association management Company (aamC®)

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.

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 Premier Association Management chuck@premiermgmtcfl.com Communications Committee Benjamin Isip Towers Property Management, Inc. ben@towerspropertymgmt.com

Education Committee Negar Sharifi Assured Partners negar.sharifi@assuredpartners.com Fran James Sentry Management stonebridgeplace@csbonline.net

Gala Committee Ken Zook Waterford Lakes ken.zook@mywaterfordlakes.org

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

Golf Tournament Committee Scott Pollock Sentry Management spollock@sentrymgt.com

Legislative Committee Tom Slaten Larsen and Associates tslaten@larsenandassociates.com

Jessica Cox Leland Management jcox@lelandmanagement.com Social Committee Tara Stone Your Private Adjustor tara@yourprivateadjuster.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com

David Furlow Leland Management dfurlow@lelandmanagement.com Meet the Managers Committee Chuck Strode Premier Association Management chuck@premiermgmtcfl.com

1ST QUART ER 2021 | CENT RAL F LO R I D A TI M E S

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2021 MEDALLION SPONSORS!

platinum

Glickstein, Laval, Carris, P.A. I&E Construction, Inc. Larsen & Associates, P.L. Leland Management One Florida Bank Premier Association Management of Central Florida, Inc. Reserve Advisors RL James Inc. The Ruggieri Law Firm The Sherwin-Williams Company SOLitude Lake Management Stephens & Company Stone Claims Group Stratus Roofing Union Bank Valley Bank Vice Painting Yellowstone Landscape

Alliance Association Bank Angius & Terry, LLP AriasBosinger Askanadjuster.com Asphalt 365 Asphalt Restoration Technology Systems AssuredPartners Atlantic Southern Paving Ball Janik, LLP BB&T Association Services Becker BEHR & KILZ Paints & Primers BrightView Landscape Services Cepra Landscape CIT Bank Cohen Law Group Driveway Maintenance, Inc. EmpireWorks Reconstruction and Painting Enviro Tree Service Expert Inspectors Inc.

gold

Bel-Mac Roofing, Inc. Burg Simpson Eldredge Hersh Jardine Centennial Bank Central Florida Engineering Consultants

Castle Group Dehlinger Construction Kipcon Engineering, Inc. 44

CE N TR A L F L O R I D A T I ME S | 1 S T Q UARTER 2 0 2 1

Cogent Bank RealManage Sihle Insurance Group Towers Property Management

silver

Lanco Paints SPT – Specialized Pipe Technologies