Central Florida Times | 1st Quarter 2023

CENTRAL FLORIDA

CONTACT INFORMATION

P.O. Box 941125

Maitland, FL 32794

www.caicf.org

exdir@caicf.org

407-913-3777

2023 BOARD OF DIRECTORS

Jarad Pizzuti, President

Tracy Durham, CMCA, AMS, CFCAM, PCAM, Vice President

Leslie Ellis, CPA, MSA, CGMA, Treasurer

Jessica Cox, Secretary

Brian Jones, President-Elect

Frank Ruggieri, Esq., Past-President

Patrick Burton

Ken Zook

Stacey Loureiro, CMCA, AMS

Stefanie Nicholson, CMCA, AMS

Tom Wheir

A Message from the President

Greetings CAI Central Florida Chapter Members!

First, I want to thank each of you who attended this year’s CA Day & Trade Show at the Orlando World Center Marriot. It was a great success and we hope everyone came away feeling that they gained from the experience. I know I did!

I could not be prouder of our Central Florida Chapter and its members. From our vendors to our community association managers, our Central Florida family continues to set the bar high and lead by example on a local and national level.

Our mission is based on providing information, education and networking for our CAM, Homeowner Leader and Business Partner members, and their guests. We strive each month to bring you opportunities to gather and share common interests while having your questions answered as you relay your community living experiences. We certainly hope we are accomplishing this goal.

As you make your way through our first quarter newsletter, you will see our calendar of upcoming events. We urge each of you to choose any that interest you and place them on your calendar so you can plan to attend for your networking, enjoyment, and industry knowledge needs.

You will always find that our newsletter presents and recognizes those who serve CAI, Business Partner opportunities, as well as take home and use information. We hope you enjoy the read.

Within the pages of the newsletter you will find ads from our Business Partner and Management Company members. You are encouraged to consider using their services within the scope of your needs. We appreciate each of our members and support their businesses throughout the year.

We are blessed to have one of the most consistent and stable pools of Business Partners in the nation. I would like to highlight Vice Painting as a shining example of what it means to be not only a CAI Business Partner, but also a true community advocate. Through their unmatched generosity, participation and unwavering quality of work, Vice Painting has endeared themselves with our community association managers and Business Partners alike. For those of you that are long time Business Partners, new, or considering joining CAI Central Florida, you cannot go wrong following the example set by Vice Painting.

If you have a need not mentioned by those posting an ad in the newsletter, feel free to contact us for a referral to other Business Partner members for the service you require or take a look at our online Directory at caicf.org/business-directory. It is this trade of

President’s message continued on next page

President’s message continued

business relationships that ensures a viable and strong partnership among our membership.

If you are not a member, please consider joining (caicf.org/ resources/membership). If you are a member, please consider volunteering (check out the committees below). Our growth and viability rests within the strength of our membership and the many volunteers who help us toward our goals. Many thanks to each of you who assisted with CA Day and those helping with our upcoming events!

We wish each of you a successful next quarter and we look forward to seeing you at the next event.

All the best,

Jarad Pizzuti

Sihle Insurance Group

2023 President, Central Florida Chapter CAI

Chapter News

BY REINI MARSH, CHAPTER EXECUTIVE DIRECTOR

Happy Spring! 2023 started off with a bang! We are so happy to have you as our members and we are working hard to give you some new benefits at the Chapter level. Before I share some Chapter news with you, I’d like to extend a HUGE “Thank You” to Derek Ryan of Omegascapes, for once again transporting all the Trade Show stuff to the hotel and back!

We hired a social media company named HiFive to create posts and reels to go on our Facebook, Instagram, and LinkedIn pages. Please be sure to like the posts to help us grow our social media presence. One of the areas they are focused on is doing a monthly Member Spotlight. More information will be coming out in our email blast soon. Please sign up so we can showcase your business!

You may have noticed that our recent luncheons have been themed. January was Cajun, February was Hawaiian, April will be Asian and May will be Mexican. Be sure to let me know if you are a vegetarian or have a food allergy. The chef at Dubsdread is excited to make these special menus to help change up the food so we have more variety.

If your company has jobs or career opportunities to offer, or if you are looking for a job, please reach out to me as I have several members that give me information on a regular basis.

CHAPTER GRANT & EDUCATIONAL GRANT

New this year is a grant of up to $10,000 that can be awarded to a community and an educational grant of up to $5,000 for CAMs looking to earn their designations from CAI National. There is an application and information that will soon be listed on our website. We encourage you all to apply!

SOCIAL ON JUNE 13TH

We will be having a social on June 13th to celebrate International CAM Day. Look for more information to come soon.

Lastly, thank you to my Trade Show Committee and volunteers who once again outdid themselves on the best show yet! I also want to thank the Meet the Managers Committee, which has been meeting and we look forward to that event going on sale sometime in May.

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 6th: Monthly Meeting: Luncheon - Electronic Voting presented by Cathi Sleight of Vote HOA Now at Dubsdread in Orlando. Registration begins at 11:30am and the program begins at 12pm with an Asian themed luncheon! Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners will be $37. PLEASE REGISTER ASAP. NO SHOWS AND CANCELLATIONS AFTER 4/5/23 AT 12PM WILL BE BILLED. Click here to register. Want to sponsor the April meeting? Click here for all the details.

• May 4th: Monthly Meeting: Luncheon - Cybersecurity Concerns in 2023 presented by Keith Coker, President of OrLANtech. Registration begins at 11:30am and the program begins at 12pm with a Mexican themed luncheon! Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. PLEASE REGISTER ASAP. When registering online for multiple members of your office, please be sure to enter each attendee’s name for a smooth check in process at the meeting. NO SHOWS AND CANCELLATIONS AFTER 5/3/23 AT 12PM WILL BE BILLED. Click here to register. Want to sponsor the May meeting? Click here for all the details.

• June 1st: Monthly Meeting: Luncheon - Fraud & Associations CEU presented by Charissa Eller of Cogent Bank. Registration begins at 11:30am and the program begins at 12pm with. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37.

Registration will be available on the website soon!

• June 13th: Summer Social in celebration of International CAM Day. Registration will be available on the website soon!

• July 13th: Meet the Managers at 2pm in the Winter Park Events Center. The cost for Business Partners is $400 for one representative and $650 for two representatives. We ask all Manager members to please send one representative from your office. The event will end with happy hour, including food and drinks. More information will be coming soon. Online registration will open in May.

• August 3rd: Monthly Meeting: Luncheon - Mosquitos & Midges. Registration begins at 11:30am and the program begins at 12pm with. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Registration will be available on the website soon!

• September 7th: Monthly Meeting: LuncheonCommunicating with a Multi Generation Board & HOA CEU. Registration begins at 11:30am and the program begins at 12pm with. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Registration will be available on the website soon!

• October 5th: Monthly Meeting: Luncheon. More information coming soon.

SPONSOR AN UPCOMING CHAPTER MEETING IN 2023!

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 three sponsors are permitted per program. Please consider sponsoring today!

CONTACT REINI MARSH AT EXDIR@CAICF.ORG OR 407-913-7777

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.

CA DAY & TRADE SHOW 2023

CA DAY & TRADE SHOW 2023

CA DAY & TRADE SHOW 2023

CA DAY & TRADE SHOW 2023

CA DAY & TRADE SHOW 2023

CA DAY & TRADE SHOW 2023

Upcoming Workshops, Webinars & Manager Education Classes

COMMUNITY CONNECTIONS WORKSHOP SERIES

This 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.

Remember the “Why” in Doing What You’re Doing

Saturday, April 8 from 9am-11am

This workshop is designed to help reignite your sense of purpose. Whether you are treasurer of your HOA, president of your voluntary association or you just joined your first committee, come find the motivation you need to succeed. Click here for the workshop information and to register on Eventbrite.

Building Confidence through Effective Communication

Saturday, May 13 from 9am-11am

What people see, hear and feel as you communicate can reflect upon your leadership ability, whether real or perceived. Communication skills development can help bolster your leadership skills. Learn or be reminded of the power of messaging, and gain the self-confidence that can result from effective communication, and improve your leadership ability. Click here for the workshop information and to register on Eventbrite.

City and County Training Opportunities

Saturday, June 10 from 9am-11am

Of course, Community Connections is amazing, but do you know how many city and county training opportunities are just waiting for you? This workshop will shed light on all the opportunities to learn, engage and connect with your city and county. From one-onone board training, interactive hands-on training that can save your life, to community conferences and even food waste. Click here for the workshop information and to register on Eventbrite.

HOA and Condo Board of Directors Certification Training

Saturday, July 8 from 9am-12pm

Serving on an HOA or condominium association board requires Florida’s certification compliance within 90 days of being elected. Participants will be provided with a broad overview of the many responsibilities and areas of oversight required by condominium and homeowners’ association board of directors. Learn about condominium and HOA operations, records maintenance and owner access to records, dispute resolution options, budgets and reserves, election requirements and financial reporting. Click here for the workshop information and to register on Eventbrite.

EDUCATION FOR MANAGERS

CAI offers many online learning opportunities (click on the dates below to register or obtain more info) that lead to professional credentials. View the 2023 Education Catalog for additional resources.

» April 20-21: M-100 - The Essentials of Community Association Management (Live Virtual Class)

» April 26: April Webinar: Topic TBA (Live Webinar)

» April 27-28: M-203 - Community Leadership (Virtual Class)

» May 15-17: M-100, M-201, M-202, M-203, M-204, M-205, M-206, M-400 at various times in Dallas, TX at CAI’s 50th Anniversary Bash - Annual Conference

» May 31: May Webinar: Topic TBA (Live Webinar)

» June 1-2: M-202 - Association Communications (Virtual Class)

» June 8-9: M-370 - Managing Developing Communities (Live Virtual Class)

» June 22-23: M-100 - The Essentials of Community Association Management (Live Virtual Class)

» June 28: June Webinar: Topic TBA (Live Webinar)

» July 13-14: M-201 - Facilities Management (Live Virtual Class)

» July 20-21: M-350 - Manager and the Law (Live Virtual Class)

Engage.Envision.Engineer.

NEW CHAPTER MEMBERS

BUSINESS PARTNERS

3MG Roofing and Solar

Cori Yarckin

Adobe

Alexandria Haslam

Butler, Buckley, Deets, Inc.

Lisa Brand

Central Florida Appraisal Consultants

Daniel Peele

Collection Integration Solutions, LLC

dba Anva

Ashley Leslie

Eastbrook Construction

Shannon Baidenmann

HiFive

Chris Delahoz

HPP Property Services, LLC

Scott Macgregor

Omegascapes, Inc.

Derek Ryan

Paul Davis Restoration of Orlando

Jessica Street

Securitas Security Services USA, Inc

Michael Peters

Sedgwick Valuation Services

Chrissy W. Castro

ShieldWolf Strongholds

Randolph Love, III

ShuffieldLowman

Autumn Rio

BUSINESS PARTNERS CONT.

Storm Damage Solutions, LLC

dba Smart-Tarp

Tom Miller

Tree Work Now, Inc.

Evan Keller

MANAGER MEMBERS

Stacey Fryrear

Baldwin Park Joint Committee, Inc.

Celene Ennevor

Leland Management, Inc.

Gabriel Eduardo Ruperez, CMCA

Leland Management, Inc.

Janice Payne

Lexin Realty

Silvana Wahlers

Lexin Realty

Kevin G. Hogan

Solstice Residential South LLC

Bobbie Lynn Johnson

Towers Property Management, Inc.

Miryam Johanna Vega

Towers Property Management, Inc.

Orlando Franco, Jr.

Jonathan Murphy

Anna M. Polozola

Lindsey Marie Proffitt

Sharla Ramrattan

MANAGER MEMBERS CONT.

Andrew Rivera, CMCA

Larissa Santana

Andrea Stevens, CMCA, AMS

Robert Franklin Tanz

VOLUNTEER LEADERS

Susan Baron

Falcon Trace Property Owner’s Association, Inc

Carole Miller

Falcon Trace Property Owner’s Association, Inc

Juan Ramia

Falcon Trace Property Owner’s Association, Inc

Richard Rosales

Falcon Trace Property Owner’s Association, Inc

Robert Fraser

Great Outdoors Premier RV Community Services, Inc.

Laurie Bihailo

North Shore at Lake Hart Homeowners Association

Kena Lewis

Waterford Lakes Community Association

WANT TO JOIN OUR CHAPTER?

Visit caicf.org/resources/membership to learn more!

DEP to Launch Hurricane Restoration Reimbursement Grant Program for Impacted Coastal Homeowners

BY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Florida Department of Environmental (DEP) launched the Hurricane Restoration Reimbursement Grant Program to help Floridians in the hardest hit counties offset costs associated with addressing coastal beach erosion from Hurricane Ian or Hurricane Nicole. The online grant application portal started accepting applications on February 1st.

Funding assistance is available for eligible homeowners who apply and qualify for this program in Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, St. Johns, St. Lucie, Sarasota and Volusia counties. Projects may include construction projects for sand placement and temporary or permanent coastal armoring.

“We are grateful we are able to help support recovery for these communities,” said DEP Secretary Shawn Hamilton. “DEP has been in these communities since the storms hit, and we look forward to continuing our efforts through this new program to help expedite recovery for affected areas.”

During the December 2022 special legislative session, Gov. Ron DeSantis and the Florida Legislature created the Hurricane Restoration Reimbursement Grant Program and allocated $50 million to help coastal homeowners address the damages from coastal erosion during the storms. DEP developed emergency rules for this new program in accordance with Chapter 2022-272 Laws of Florida.

To be eligible for this grant, the owner must be an eligible applicant of an eligible residential property with an eligible project and eligible

costs. Additionally, applicants must provide required submittals for reimbursement. The application is designed to help Floridians understand their eligibility. All projects must be permitted prior to implementation and reimbursement, and DEP may reimburse 50% of eligible project costs, up to a maximum of $150,000 per parcel.

Applicants will be able to complete and submit their projects through this portal as well as upload any required documents for their projects, including invoices and payable receipts. DEP has developed tutorials and a Frequently Asked Questions document to help applicants navigate the application portal and understand the provisions of the emergency rules. Although the department encourages online submittal, a paper application is also available. Applications will be processed on a first-come, first-served basis, and priority will be given to low- and moderate-income homeowners.

Please visit FloridaDEP.gov/hurricane for more information about the Hurricane Restoration Reimbursement Grant Program, emergency permitting, and the storm recovery assistance resources available seaward of a coastal construction control line.

The Florida Department of Environmental Protection is the state’s principal environmental agency, created to protect, conserve and manage Florida’s environment and natural resources. The department enforces federal and state environmental laws, protects Florida’s air and water quality, cleans up pollution, regulates solid waste management, promotes pollution prevention and acquires environmentally sensitive lands for preservation. The agency also maintains a statewide system of parks, trails and aquatic preserves. Visit at FloridaDEP.gov.

Update on Senate Bill 4-D: Building Safety

BY CAI-FLA COMMUNICATIONS COUNCIL

The passage of Senate Bill 4-D left many questions and concerns with community association boards, managers and industry professionals. The Community Associations Institute’s Florida Legislative Alliance (CAI-FLA) has created a council dedicated to understanding the new bill and advocating for changes to improve the impact for community association members and leaders.

A synopsis of SB 4-D states:

Building Safety; Providing that the entire roofing system or roof section of certain existing buildings or structures does not have to be repaired, replaced, or recovered in accordance with the Florida Building Code under certain circumstances; requiring condominium associations and cooperative associations to have milestone inspections performed on certain buildings at specified times; authorizing local enforcement agencies to prescribe timelines and penalties relating to milestone inspections; revising the types of records that constitute the official records of a condominium association; prohibiting certain members and associations from waiving or reducing reserves for certain items after a specified date, etc.

To read the entire bill summary, amendments, and more, you can visit the bill webpage at flsenate.gov.

After several meetings with delegates and council members throughout the fall of 2022, CAI-FLA has submitted proposed suggested improvements to several key lawmakers and bill sponsors in advance of the spring 2023 general session. The proposals include wording that better defines the term “story” as it pertains to the height of subject buildings, clarifies the term “coastline” and resolves questions surrounding the SIRS items and other areas of impact from the new law.

CAI-FLA exists to represent the interests of and provide regular communications to, CAI members and chapters located within their boundaries with respect to state legislative, regulatory and amicus curiae activities of relevance to the creation and operation of community associations. CAI-FLA delegates are nominated by CAI chapters and delegates volunteer their time and energy to benefit all CAI members. Stay tuned for future updates as we approach the 2023 legislative session by following CAI-FLA on LinkedIn (linkedin. com/groups/12212082) or Facebook (facebook.com/groups/caifla).

Ponds are Like a Box of Chocolates

BY CAROLE INMAN, AQUATIC WEED CONTROL, INC.

Ponds are like a box of chocolates; you never know what you’re going to get. They come in many shapes and sizes, from square, round and rectangular to curves and can be shallow to very deep. From the time a waterway is made it can fill with unwanted ingredients, such as plants and nutrients. Most of the unwanted nutrients come from the runoff of the rain we get in Florida. Moving water gets into ponds as it drains across the land and concrete surfaces.

Buildup of road grime from streets, parking lots and driveways move oil and grease into the water. Runoff from these surfaces and even roofs, contain tar, plant material, and other toxins that pollute the water. Fertilizer and clippings from mowed grass get into the water and energize any new growth. This is why your aquatic management company recommends that you tell the landscapers not to fertilize within 10 feet of the bank and do not blow any fertilized grass clippings into the water. These unwanted nutrients can cause invasive plant to grow. Seedlings are also fed by these nutrients, causing them to germinate and grow. It can also cause organic buildup of sediment or muck, which can be difficult to remove. Too many large, undesirable plants can deplete the oxygen levels and cause fish to die and choke out the desired plants.

DETRIMENTAL PLANTS

Here are a few commonly recognized plants that might look good, but can take a bite out of our waterway. When they become invasive,

and they will, they choke out nearby beneficial plants because they block sunlight and absorb all the nutrients. They are cattail, duck weed and water hyacinth.

CATTAIL

One of the most recognizable plants along a shoreline is the cattail. They are most commonly found growing naturally in marshes and wetlands. They are transplanted from their natural areas and planted along shorelines to add a focal point, but in no time, they will become an eyesore because of their invasive nature.

» They grow in clusters and stands three to ten feet tall.

» Their underground root system spreads continuously and quickly.

» This stiff plant has flat blade-like green leaves.

» The flower, or cattail, has two parts: a brown cylinder base with a yellow spike on the top.

» Pollinated flowers develop into tan, fluffy seed heads that blow everywhere in the fall. These seeds are used by birds and waterfowl for nesting. Those that are not used may land in wet soil and take root.

DUCK WEED

Duck Weed has tiny leaf-like stems that grow together forming mats as thick as one inch. In ponds where there are several mats, the

Continued on page 24

PONDS

winds can push them to one area, forming one very large mat that can cover the entire pond.

WATER HYACINTH

Water Hyacinth is thought to be one of the world’s worst aquatic plants and is listed on Florida’s Prohibited Plants list, which means this plant cannot be imported, transported, non-nursery cultivation, collected or possessed.

» They form dense floating mats that interfere with navigation, recreation, irrigation and more.

» New mats double in size in 6 - 18 days and can grow up to three feet above the waterline.

» An acre of mats can weigh up to 200 tons.

» Lavender flowers appear in October. The flowers contain fruit capsules which hold the seeds.

BENEFICIAL PLANTS

To help prevent unwanted nutrients getting into your pond, here are a few of our favorite native plants that are commonly planted because they are appealing to the eye and perform well. These are planted along the shoreline to be the first to catch any unwanted nutrients before they get into the waterway. This action helps feed the plant, thus preventing weed growth.

BLUE FLAG IRIS

One of the first to show off in spring is the Blue Flag Iris.

» This wetland perennial has strong stems that bear sword-like narrow leaves.

» One to two very fragrant, purple-blue flowers appear on each stem in early spring.

» Their root system helps the plant spread out and also hold the bank in place.

CANNA

Can’na we tell you about canna? This plant is valued for their impressive, bright colored flowers and large tropical leaves. The gold canna is frequently seen in clusters along the edges of marshes and waterways.

» They’re easy to grow in full sun but can tolerate semi-shade.

» Growing up to four feet tall, the leaves are six inches wide by two feet long. Their waxy coating helps to repel water and prevent disease.

» The flowers are about three inches tall and grow in clusters on each stem. To ensure a continuous bloom through the summer, remove the part of the stem that holds the withered flower.

» Canna can do their job to keep out unwanted nutrients while looking beautiful at the same time.

PICKEREL

Pickerel is another well recognized plant in Florida. It is not only beautiful but functional; catching those unwanted nutrients in their deep green, rich foliage and underground root system.

» They like full sun and soggy wet soil along the shoreline.

» You can expect plants that are three to four feet tall but only one to two feet will appear above the waterline.

» Attractive heart-shaped leaves, ten inches tall by five inches wide provide cover for a wide ranges of wildlife.

» An underground root system allows the plant to spread and send up new stems.

» Clusters of lavender flowers grow June through November. The flower nectar attracts insects, bees and butterflies. The flowers turn into seeds that are eaten by birds and water fowl.

There are hundreds of desirable and undesirable plants that can fill your pond. By following this article, you will know what you’re going to get in your pond. Like any good box of chocolates, its what’s inside that counts.

Aquatic Weed Control was established in Orlando in 1992 to provide costeffective and innovative ways to solve aquatic vegetation problems. They are headquartered in Orlando with service locations in Tampa, Ft. Myers and Daytona Beach. Their longstanding reputation for quality service and friendly staff is not an accident. It is their sound belief in combining quality service with dedication that has guided the company over the years. To learn more, visit aquaticweedcontrol.net or call 407-859-2020.

Blue Flag Iris

Canna Pickerel

Associations May Now Have Broader Standing to Pursue Construction Defects Claims

BY DAVID M. MILTON, ATTORNEY, BECKER

When your community needs to pursue a claim for construction defects, your community must have a stake in the outcome of the litigation – known as standing – to pursue that claim. Because both Section 718.111 and 720.303 empower an association to pursue claims for matters of common interest, an association usually has standing to pursue a claim for most construction defects.

However, despite the breadth of Sections 718.111 and 720.303, an association’s standing is sometimes challenged in court by a developer that doesn’t want to compensate an association for defects caused by improper construction. Fortunately, a relatively recent case called Seaside Town Council v. Seaside Community Developer Corporation provides a method to strengthen – and perhaps even expand – an association’s standing.

In Seaside Town Council, nine homeowner’s associations amended their declarations to permit an umbrella organization to pursue claims against the developer of the associations. When the umbrella organization sued the developer, the developer argued that the umbrella organization did not have standing to pursue the

associations’ claims, and the trial court granted the developer’s motion for summary judgment.

The appellate court reversed the trial court’s ruling, noting that before the umbrella organization sued the developer, the homeowners in the nine homeowner’s associations voted to authorize the umbrella organization to file suit. Commenting on the effect of the homeowners’ votes, the appellate court explained, “The neighborhood associations had a right to assign any claims they had against SCDC under their declarations and did so again with the 2011 vote granting STC the right to sue.” Seaside Town Council, Inc. v. Seaside Community Developer Corporation, (Fla. 1st DCA 2021).

See also Kumar Corporation v. Nopal Lines, Ltd., 462 So. 2d 1178, 1183 (Fla. 3rd DCA 1985) (“[W]here a plaintiff is either the real party in interest or is maintaining the action on behalf of the real party in interest, its action cannot be terminated on the ground that it lacks standing”).

Although standing based on Sections 718.111 and 720.303 is broad,

Continued on page 28

CONSTRUCTION DEFECT CLAIMS

you may be able to strengthen your community’s standing to pursue a claim for construction defects by holding a vote to approve litigation (even if not required by law). Before your community votes, you should consult with an experienced construction defect attorney to make sure the vote provides your community with the best chance to obtain fair compensation for defects caused by improper construction.

David Milton is an attorney in Becker’s Construction Law and Litigation Practice. He represents community associations in multi-party construction defect litigation, frequently meeting with association board members and managers to evaluate potential construction defect claims and discuss legal options and strategy. Mr. Milton guides clients through the Chapter 558 claims process as well as conducts board meetings, and special member meetings under Chapter 720, to provide information to and resolve concerns of board members and homeowners. For more information, visit beckerlawyers.com. Founded

It’s Only March and I’m Burned Out Already

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

Burnout is that overwhelming feeling that life is out of control. It is often accompanied by a sense of hopelessness, anger, and the feeling that you just want to quit. Everyone and everything has infringed on your time, energy, emotions, and money.

Asking for help or delegating is out of the question for a multitude of reasons:

» “I want to be in charge.”

» “It’ll look ‘bad’ to give the job to someone else.”

» “I want the bonus/recognition.”

» “I don’t like to ask other people to . . . .”

» “It won’t get done right.”

The result: Procrastination, frustration, stress, anger, depression and, eventually, burnout.

Understanding some of the basics in human behavior will likely eliminate a significant amount of burnout. Do you remember the explanation of the different personality or communication styles? There are four distinct types: Dominant, Inspirational, Supportive and Cautious.

The “D” or Dominant type likes a work environment that is free from control and supervision and where there are many varied activities. They enjoy hard work. The “D” is motivated by challenges (problems), making decisions, and being his own boss. Give your “D” the hardest project. As an employer, be sure you’re not always telling the “D” what to do and how to do it. You’ll find yourself in an argument you can’t win. An environment without these qualities will produce open hostility and eventually the “D” will quit.

To recover from stress, the “D” type needs physical activities. This is the type who will go home after work and tear out all the kitchen cabinets and replace them, or dig up the flower beds and replant them, or go for a jog and race against himself. Whatever the choice, the “D” needs an expenditure of physical energy.

The “I” or Inspirational type likes a work environment where there are lots of people and freedom from schedules and details. This type is motivated by flexible hours and non-routine tasks, as well as the freedom to talk. An environment without these qualities will produce negative emotional outbursts. The “I” can be high as a kite or low as a skunk. As an employer, be sure you don’t hire this type

Continued on page 32

PREVENTING BURNOUT

to sit behind a computer in an 8 x 8 cubicle all day. This employee needs plenty of opportunity to talk to people and to have reasons to physically be out of the office, or at the very least, be moving around.

To recover from stress, the “I” type will need some sort of social activity. They will stop off at the gym to work out with friends--never alone or will have a favorite “happy hour” hangout where he will talk with friends before going home. They often go out to eat with others or have dinner parties and barbecues at home with neighbors.

The “S” or Supportive type likes a work environment that is steady and routine, where there is sincere appreciation for work methods with proven results. The “S” is motivated when she knows that things are going to stay the same or that she will have time to adjust to changes in methodology. As an employer, if you are going to change the computer system, give her three years’ notice so she can have time to think about it. This type is also motivated by being included as part of a team; tell her what you want her to do. In an environment without these qualities, the “S” will shut down and be noncommunicative. When pressed for an answer, she will have none.

To recover from stress, the “S” type needs an undirected activity such as watering the plants around the yard, a quick nap, taking a leisurely walk, idly surfing through the television channels, or some casual reading.

The “C” or Cautious type likes a work environment where accuracy is stressed, or where she can maintain high standards and follow exact procedures such as are found in accounting, law, real estate, or insurance. As an employer, give her things to correct or edit, or ask her to create contingency plans. The “C” is motivated by having time

to analyze, to make things better, faster, cheaper, smarter, and having her work acknowledged as being done “right.” Balance, symmetry, and a need to make things “look right” are important aspects of her work. In an environment without these qualities, the “C” will withdraw, frown, and spend time alone. She may even become critical and suspicious of others’ work.

To recover from stress, the “C” type needs a cognitive activity, such as reading to study or learn something new. The “C” is great at rearranging a room full of furniture in her head or packing for a 10day vacation in her head. Once it is done in the head, she can do the real thing in record time.

If you want to help minimize burnout among your staff, board members, and volunteers, be sure you have plugged your people into their right environments. Absent the perfect environment, everyone needs to participate in his or her most favorite stress recovery activity as suggested above.

Betsy Barbieux, CAM, CFCAM, CMCA, a Professional Development Coach, of Florida CAM Schools, LLC, can be reached at Betsy@FloridaCAMSchools.com, or 352326-8365. For more information, visit floridacamschools. com. Subscribe to CAM Matters™ on YouTube.

Prepare to Weather the Next Storm

BY TRUIST ASSOCIATION SERVICES

With each year that goes by, extreme weather events become more frequent and costly1, and boosting the importance of storm preparedness for homeowner and community associations. When storms arrive bringing property flooding, wind-driven roof problems, or other related damage, associations and property managers must be ready to offer temporary relief for residents and repairs for their property.

Extreme weather damages property and puts lives at risk, but it can also add financial stress to an association by disrupting cash flows and adding unexpected costs for damage control, homeowner support, and emergency repairs. Understanding the financial risks from a major storm, while planning your response when the storm hits, keeps you prepared for whatever weather event comes your way.

FINANCIAL STABILITY IN UNSTABLE WEATHER

Storm preparedness starts by protecting your association from the financial risks that a major storm pose—you don’t want to be short of financial resources when you really need them to respond to an emergency in your community.

A storm recovery reserve fund is the long-term savings component of financial preparation that can be funded from the association’s

annual budget. Aim to save enough in this special storm reserve to cover deductibles and a significant portion of costs for damages that fall outside of the association’s insurance coverage. These “rainy day” funds can help you meet the extra expenses that go with a serious storm situation without overtaxing your budget or leaving you searching for funds.

Proper insurance coverage helps to lessen the financial risk that could arise from a serious storm event. Choose a trusted insurance partner who can help you select the coverages you need to address your association’s risks and then be there for you and your community through the storms and cleanup.

Setting up a line of credit with your bank provides you with ready access to cash to help you meet emergency spending needs and secure contractors if disaster strikes. Talk to your Truist Association Services relationship manager about the line of credit that might be right for your association.

Keeping homeowner payments on track takes on new importance after a storm, as homeowner payments may be slow to arrive with mail delays, power outages, or interruptions to internet service.

Continued on page 36

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You work hard to ensure your community looks its best, but we know maintaining clean water isn’t easy. Unsightly algae and weeds are often the number one lake complaint from residents. But years of simply treating the surface and neglecting the underlying root cause leads to serious problems like dangerous shorelines, loss of property value, and flooding. Now is the time to address these issues and implement sustainable solutions so that your community can enjoy healthy, beautiful water for years to come.

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STORM PREPAREDNESS

so that leaders can stay in touch even if some systems are unavailable.

» Keep staff in the loop and prepared for action. Who handles specific tasks? What’s the first priority, and the second, and third? Where will work take place? Communicate with staff so they know what to do in an emergency and decide how you’ll reassign team members to assist in other functions if offices are closed.

» Make sure your emergency plan includes contact info for the vendors and service providers your association relies on. They may be essential in the aftermath of the storm—for routine services as well as emergency needs like insurance, roofing, repairs, information technology, tree care, and more. Remember to include banking and insurance information on that list.

» Consider granting emergency powers to selected leaders in the event of a disaster and decide on appropriate temporary privileges and responsibilities for individual board members. Your plan should clearly state who has authority to purchase necessary supplies and make agreements with vendors.

A streamlined process for receiving homeowner payments with electronic payment options, like those available through Truist Association Services—can help you with continuity of operations during a storm and throughout its aftermath.

WHEN THE STORM HITS

You might not be able to anticipate all that will happen when a storm hits but create plans to cover your operations and communications during the event and its aftermath. Thorough storm preparedness can mean a smoother and faster cleanup process and return to normal for your association and homeowners.

» Secure computers, sensitive data, and backup files. Cloud-based data storage can keep offices running and avoid suffering data loss from storm damage. Have working backups of all systems and files in at least one off-site location and use online document preservation strategies—like readilyavailable cloud storage—for all important papers and files.

» Maintain communications with your team during the storm and recovery phases. Include multiple means of communication (phone, text, email, social media, etc.) and complete contact data for board members and managers,

» Be ready to support homeowners after the storm. Homeowners will be looking for information about storm damage to the community and will want to know your plans to repair damage or restore services. Have a website ready to go along with plans for how you will keep it updated. Use text, email, social media, etc., to get the word out when you need to. You might even prepare a recovery guide with resources and strategies and have it ready to distribute when needed.

PLAN TO DEAL WITH SEVERE WEATHER BEFORE IT HAPPENS.

Contact Truist Association Services to find out how you can prepare your association and its finances to weather the next major storm. Marianne Brown, CAM – 727-260-5004, Marianne.Brown@Truist. com, or visit us online at Truist.com/AssociationServices.

Sources: 1) 2021 U.S. billion-dollar weather and climate disasters in historical context, NOAA National Centers for Environmental Information, 2022.

Truist Bank, Member FDIC. © 2022 Truist Financial Corporation. Equal Housing Lender.

Truist Association Services has been providing financing to associations for over 35 years. We have been making the process easier with a simple application and flexible terms. Give us a call today to see how we can help or learn more at Truist.com/AssociationServices

Marianne Brown, CAM / VP, Relationship Manager 727-260-5004 | Marianne.Brown@Truist.com

What’s a Midge Fly – and How Can You Control Them?

PHOTOS BY CLARKE & ARTICLE BY CHERRIEF JACKSON, CONTROL CONSULTANT – CENTRAL FLORIDA, CLARKE

You’ve probably experienced swatting at a swarm of flies while trying to enjoy time outside, and you’re not alone. Unfortunately, each summer – or even year-round in warmer climates – midge flies can become a significant nuisance wreaking havoc on property and driving residents away from outdoor resources. But what even is a midge fly? And how can you reduce them on your property?

WHAT’S A MIDGE FLY OR ‘BLIND MOSQUITO’?

Midges refer to several species of small, non-mosquito flies that come from the family Chironomidae (referring to midges) in the order Diptera (referring to flies overall). There are two main species – Chironomidae and Chaoboridae

In more practical terms, midges are small, dainty flies with one pair of long, narrow wings and long, skinny legs. Males tend to have feathery antennae used to hear the high-pitched sounds emitted by the female’s wings.

While midges are usually found near naturally occurring lakes and

ponds in small, non-nuisance levels, the abundance of nutrients within stormwater systems acts as a beacon to breeding midges, and they can reproduce in vast quantities. That’s when they become an issue in communities.

WHAT’S THE DIFFERENCE BETWEEN MIDGES AND MOSQUITOES?

Midges and mosquitoes are often mistaken for each other, which makes sense given that both belong to the order Diptera. The largest difference between the two is that mosquitoes have a proboscis, a mouthpart used to bite and suck blood. Midges do not. Otherwise, most of the visible differences are in the fine details.

Midges have the following characteristics:

» When landed, fold their first leg pair in a ‘prayer’ position (which can be mistaken for antennae)

» Have long tarsi of foot portions of the forelegs

» Lack scales on their wings, making them smooth

Continued on page 40

INSECT CONTROL

Mosquitoes have the following characteristics:

» When landed, hold their second/back leg pair in the air

» Have scaly wings with a light fringe on their tips

» Typically don’t form swarms

WHERE ARE MIDGE FLIES FOUND?

Midge flies can be found almost anywhere. But in certain southern states, such as Florida or Texas, their warm climates allow populations to thrive year-round.

Midges deposit their eggs near still waterbodies, often boggy marshes or stormwater ponds. Because of this, their adult counterparts are generally also found in these same areas.

It’s common to see midges in swarms or ‘clouds’ around dusk, which can be when community residents become irritated or frustrated by their presence.

DO MIDGE FLIES BITE?

Thankfully, most species of midge flies don’t bite humans – in fact, they only live for a few weeks at most and thus rarely eat anything in their adult stage beyond nectar, fruit juices or sugar water. However, they can land and crawl around the skin, which many find irritating and unwanted.

WHY DO MIDGES KEEP POPPING UP?

Part of what makes midges so difficult to control is their ongoing lifecycle that starts in ponds, lakes and stormwater systems and ends on land. Midges have a four-stage lifecycle, starting as eggs laid on a waterbody’s surface before sinking into the muck. Depending on the species, these eggs hatch into larvae that either borrow further into the sediment or swim freely through the water. Finally, the larvae develop into pupae before emerging as fully formed, flying adults. This ongoing process can take as little as two to three weeks.

That means that if you’re trying to control midges by just combating the adult ones flying around, you still have plenty of them in eggs, larvae and pupae stages, ready to continue the cycle.

HOW DO YOU CONTROL MIDGE FLIES?

Communities should take an integrated approach that combines chemical, biological, and preventative methods to keep midges away while also working to control the population.

1. Surveillance – Take samples of midges to identify which are present and estimate their population levels (as well as to figure out where they are coming from).

2. Chemical Control – Done mainly to reduce annoyance; these may include larvicides applied to waterbodies, ULV adulticide, barrier treatments applied to siding and foliage, or more.

There are other strategies you can implement - such as improving the quality of your waters or introducing biological controls like specific species and amounts of fish - to help bolster these approaches.

MIDGE FLIES: THE BOTTOM LINE

When controlling midge fly populations, it’s essential to take an integrated approach. This calls for control measures at each stage of the lifecycle to more effectively mitigate their final adult form through a combination of surveillance, larvicide and adulticide control measures.

Clarke is a third-generation, family-owned mosquito control products and services company that has been helping support livable, safe and comfortable communities around the world for over 75 years. Visit www.clarke.com for more information.

Inflation and Reserves: The Implications on Capital Planning

BY NICK BRENNEMAN, SOUTHEAST REGIONAL ACCOUNT MANAGER, RESERVE ADVISORS

As we all know by now, inflation has moved into our lives and isn’t estimated to move out for about a year or more. While some industries are already seeing some relief, this is not and will not be the case for many other industries for the foreseeable future, including those that community associations rely on for capital projects.

Because the primary purpose of reserve studies is to provide associations with a comprehensive short and long-term capital plan, we work diligently to account for these economic changes in our studies and reports. Generally taking 3% inflation into account in our reports, we are now incorporating higher rates in the near term when/as applicable. There are three primary ways in which inflation is affecting capital planning efforts within associations, including the cost of goods, the cost of materials, and the cost of labor.

Specifically pertaining to goods and materials, we have found that materials related to waterproofing are most commonly increasing in price. This can include flat roofing, shingle roofing, traffic coatings in garages, and more. Additionally, due to increases in oil costs, petroleum-based products like asphalt are also rising in cost. Along with rising material costs comes rising labor costs. We have

compiled some data detailing annualized inflation rates of various materials and labor costs as seen below:

PPI Rates Source: U.S. Bureau of Labor Statistics, AGC The Construction Association

So, what are the implications of the current economic environment on capital planning for associations? First and foremost, the current climate has lent itself to capital planning issues within community

Continued on page 44

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RESERVES

associations. Because of this financial turbulence, an association’s existing reserve fund or reserve funding plan may be prematurely outdated and in need of updates. This is especially true in cases where there are projects due soon or projects already in progress that are capital-intensive.

Understandably, this information may seem intimidating. However, with years of experience and having conducted many reserve studies during previous periods of inflation and financial uncertainty, Reserve Advisors is able to take current inflationary circumstances into account when creating our studies and capital plans.

First and foremost, we take into account the fact that the market will eventually correct itself, as it historically has. When it comes to short-term adjustments, particularly current-year expenditures, it’s important to bring in an expert on each project to guide you through the scope of the projects, the need for the project, and related costs. These can be incorporated into the reserve study, even after the report has been received. Because we are always available to make changes to the capital plan we’ve laid out based on current conditions, the report is not truly “finalized” and can be adjusted to take inflation into account for up to six months after the date of report publication.

Currently, when we conduct reserve studies, we are typically increasing near-term project costs extending through 2023. To account for supply chain issues, inflation, and pandemic-related pricing, we rely on real-world costs which our engineers collect as part of their information gathering at a community, along with published sources including construction cost estimating guides. Because these numbers may vary by market, we also rely on a proprietary database of recent projects in each market. When we weigh these sources of information, we find that client vendor contracts are priority, followed by the database of recent projects by market and published sources of information.

One important thing to examine during times of economic uncertainty is the prioritization of all upcoming projects. If an association is unable to complete all capital projects as planned, priority should be placed on projects that, if deferred, would cause additional damage to the component, later leading to higher project costs to remediate excess damage. For example, if deferring a roof replacement would increase water infiltration, replacement costs down the road would increase due to continued deterioration of the roof and any other component affected by this water infiltration. Next, associations can weigh the importance of discretionary projects, and decide to defer non-critical projects until inflation subsides or evens out. Again, your reserve study consultant will always be available to your board to help inform and solidify the updated trajectory of capital project timelines.

Of course, periods of inflation require associations to re-evaluate

their current funding plans, specifically near-term. With the guidance of a reserve study consultant, two questions associations will work through are:

1. If we are facing significant increases in contributions, can the increases be phased in over a number of years?

2. Could a loan scenario be used to minimize reserve contributions near-term?

These questions allow associations to consider not only their current and future financial situation, but to consider the financial situation of their residents. While it’s important for boards to consider how inflation is affecting their community as a whole, it’s also important to consider the financial status of those who make the community what it is.

If an association is running low on funds and project timelines are being disrupted, it’s inevitable that residents may be individually suffering financially as well. If you can expand the number of phases of increased reserve contributions, residents will not experience as dramatic a financial burden. Additionally, minimizing contributions near-term through a loan can help associations complete crucial projects on time, while also giving residents time to recoup from any financial strain they are experiencing before having to comply with higher dues.

If your association has a recent reserve study in hand, there are some best practices we recommend to weather this storm. If your latest reserve study is only a year or two old, a reserve study update without a site visit is a cost-effective option to consider if your association needs insight into the following:

1. Have capital-intensive projects been recently completed?

2. Can previously planned on projects be safely deferred until the market evens out?

We know that making these decisions on your own can be stressful, but Reserve Advisors is here to help you navigate the unknown with expert experience and advice. If you have any questions regarding inflation within your community or would like to inquire about tweaking your current study, please do not hesitate to reach out.

Nick Brenneman is a Regional Account Manager at Reserve Advisors. He received his Bachelor of Business Administration degree from the University of Wisconsin – Milwaukee prior to joining Reserve Advisors in 2010. As a Regional Account Manager, Nick works closely with property managers and community association boards to provide industry leading reserve study solutions that help guide community associations in fulfilling their fiduciary responsibilities for the maintenance, operation and longevity of their properties. For more information, visit reserveadvisors.com.

Governance Meetings Made Simple

Is Your Shoreline Putting Your Property Value and Residents at Risk?

BY TRENT NELSON, AQUATIC SPECIALIST, SOLITUDE LAKE MANAGEMENT

Imagine driving down a new street and noticing the most beautiful house you’ve ever seen. Its bright paint, glistening windows, and clean, welcoming porch show that it’s well cared for. But you find yourself distracted by something – a neglected lawn. It’s overrun with weeds, debris, and uprooted trees. It has dusty bare spots and deep channels where water flows anytime it rains. How can the owners take pride in their home when the yard looks like this?

This is a similar problem aquatic experts see with lakes and ponds. No matter how much a community association prioritizes water quality, it will never reach its full potential without a healthy shoreline. And just as a neglected lawn can lead to complaints from neighbors, cause home values to plummet, and even citations by the city, so can a deteriorated shoreline.

Most shoreline damage doesn’t occur overnight; it slowly develops over the course of several years. If you assumed responsibility of a waterbody when it was in good condition, it can be easy to overlook the signs of deterioration – and forget that it’s much more than an aesthetic problem. Shorelines with deep grooves, cracks, exposed pipes, and steep, jagged peninsulas can lead to constant gripes from homeowners and cause serious safety issues for residents, guests, employees, landscapers, and other vendors working around the property. If someone falls or is injured as a result of a neglected shoreline, the association could be held liable.

Waterbodies with degraded shorelines also tend to experience flooding problems. Most of the ponds we see in HOAs, POAs, CDDs, and urban areas are man-made to collect stormwater when it rains. Eroded sediment can fill them with muck, reducing depth and volume. Dangerous flooding is more likely to occur if the stormwater facility cannot function properly. In addition to the liabilities this can cause, flooding expedites the rate of erosion and may cause waterfront properties – and their estimated value – to “shrink” over time.

In addition to the obvious signs of erosion, property managers may notice that maintaining healthy water quality is becoming more challenging. Lakes and ponds filled with muck are more likely to have dissolved oxygen (DO) deficiencies and elevated nutrient levels. These imbalances often manifest as nuisance aquatic weeds and toxic algae blooms, fish kills, bad odors, and cloudiness–resulting in an unsightly lake and an influx of complaints from residents.

These problems aren’t just surface level, they can have disastrous, lasting consequences for residential communities. According to a 35-year study of 2,000 lake homes, Bemidji State University in Minnesota found that a 3 ft decrease in lake clarity caused a $700 decrease in the sale price per foot of shoreline. For example, this calculates to a $28,000 decline in the value of a 40 ft waterfront lot.

Continued on page 48

We know the effects of erosion can be stressful, but when you fully understand how it occurs, you can implement strategies that will help preserve property values and make your job easier over time.

Poor shoreline management can also accelerate the timeline for more substantial maintenance services like dredging, which is one of the largest expenses a community may ever face. Though all waterbodies will need to be reset at some point by digging out all accumulated sediment, communities usually have 20-30 years to plan and budget for a major dredging project. In cases of severe erosion, this could drop to less than 10 years, leaving community leaders in a very difficult position – divert funds from other important maintenance projects or increase dues and suffer the blowback?

Once erosion occurs, it can be difficult to halt future damage. When partnering with a professional, they will work with you to evaluate the level of deterioration and muck development and design a restoration plan that’s customized to the unique qualities of your waterbody. Often, these involve the use of tools that allow aquatic experts to bioengineer a new shoreline that is incredibly stable and aesthetically pleasing. They may recommend pairing these efforts with mechanical hydro-raking to scoop out bottom muck in target areas, which will then be shaped and sodded over to re-establish

several feet of land back to the property.

Shoreline erosion is a slow burn; it’s easy to ignore, but it’s also easy to intervene. Professionals recommend integrating several proactive solutions into the ongoing maintenance practices on your property:

» Cultivate a beneficial buffer of tall native plants around the perimeter of your waterbody to slow stormwater runoff and help hold the soil in place.

» Monitor wildlife populations – species like muskrats and invasive armored catfish (found primarily in Florida) are known to burrow and destabilize banks.

» Introduce docks or special paths for visitors to safely fish, kayak, or enjoy the view without trampling vulnerable areas.

» Partner with a professional to regularly survey the area for invasive weeds that can quickly take over sensitive shorelines.

» Properly dispose of yard waste, pet droppings, trash, and other debris so it doesn’t decay and contribute to muck build up in your waterbody.

» Reduce the use of lawn and garden fertilizers, which fuel the growth of aquatic weeds and algae.

» Break down muck by introducing nutrient remediation products, biological bacteria, and aerators that increase DO, which is essential to the digestion process.

While erosion is a natural part of pond ownership, property managers have a lot of control over how quickly it occurs. Responsible management practices not only help enhance aesthetics and recreational opportunities, but also safeguard the value and reputation of a community.

Become the most desirable community in your region with beautiful, healthy lakes and ponds. With proactive shoreline solutions in place, you can be at ease knowing your water, residents, and assets are protected from future erosion damage.

SOLitude Lake Management is a leading environmental firm dedicated to the sustainable management of lakes, ponds, wetlands, and fisheries. Learn more about this topic at www.solitudelakemanagement.com/knowledge.

HOA Erosion Control - BEFORE

HOA Erosion Control - AFTER

Florida Legislature & Association Law

BY DENNIS MASCH, LCAM

How many times do we need to suffer through another legislative session where association governance laws are passed with unattainable provisions and impractical implementation dates before we recognize this process is, at best, flawed or worse than the problem itself?

Some of this legislation is passed at the eleventh hour of the final day of the annual session and goes into effect on July 1st. Law firms then routinely prepare the legal update seminars that we need to attend and to be effective as managers. However, the course material needs DBPR approval first and is rarely ready before September. DBPR also has had no input on the legislation. How many times does this legislation need to go back for revision, have the scheduled implementation date postponed, in some cases multiple times, before it actually becomes effective or is so highly modified it seldom looks as originally intended?

The 2022 condominium legislation was just the most recent example of this. But the reason for this legislation was the same. The legislature trying to address flaws in a system that they have partial responsibility for creating the environment that allowed this to occur.

One possible step in the right direction would require legislation related to association governance be submitted to a peer review process consisting of a select panel of attorneys whose practice is focused only on association law and representative(s) of Florida’s CAI organization, prior to being adopted. Should DBPR also have a role here? Currently they just receive what the legislators passed and need to find a way to implement it. The review by these entities could be limited to comments on the proposed changes and what

they believe need further definition or refinement. The legislators would need to consider, even address those concerns before adopting changes. Lobbying alone by industry representatives doesn’t work. Giving us workable legislation beats giving us quick fix legislation that doesn’t.

Potentially as important, and another problem, is the developercontrolled boards that have too much leeway in how they run an association prior to turnover. How many times do we as managers have to deal with last minute amendments to governing documents or need to tell a board they cannot operate in the same way the developer just managed?

Lastly, why does the board, with the final responsibility for making business decisions for their community have the right to ignore legal and management resources readily available to them? D&O insurance is not the answer. The law and the intricate nature of many associations has made this increasingly difficult. Two hours of new board member certification is hardly the solution. It was just another half-hearted attempt by the legislature “to do something” about complaints concerning board member’s bad or illegal decisions.

Something needs to change before another tragedy occurs as membership keep complaining. There is no shortage in the legal profession always ready to look for the “deep pockets” and multiple parties to blame. Managers and dedicated boards just get more frustrated or leave as the business of association governance gets too difficult deal with. Boards start shopping new management or managers and attorneys they “like,” instead of what they need to listen to.

The Benefits of Membership

Community Managers | Management Company Executives | Homeowner Leaders | Business Partners

As a CAI member, you’ll unlock access to exclusive benefits— resources and services designed to help you and your communities thrive. You’ll also be able to enroll in career-enhancing CAI education and connect with nearby CAI members through your local chapter, where you can network and learn with peers and meet potential new clients.

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CAI is the foremost authority in community association management, governance, education, and advocacy for the 345,000 homeowners associations, condominiums, and co-ops in the United States and millions of communities worldwide.

As a member of CAI, you are part of a global network of nearly 40,000 community managers, management company executives, homeowner leaders, and business partners.

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Elevate your career and increase your salary with tailor-made education and credentials that give you a competitive edge in the growing community association business.

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Communities count on you for professional management and guidance. CAI membership helps your company boost credibility and increase exposure to potential clients.

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CAI provides resources and support to save your association time and money, and education to lead your community successfully.

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Membership conveys your commitment to the community association industry and the potential for expanding your client base!

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