CENTRAL FLORIDA CAICF.ORG | 3RD QUARTER 2022 TIMES
P.O.
Frank Ruggieri, Esq., President
Jarad Pizzuti, President-Elect
Tracy Durham, CMCA, AMS, CFCAM, PCAM, Vice President
Leslie Ellis, CPA, MSA, CGMA, Treasurer
Jessica Cox, Secretary Stacey Loureiro, CMCA, AMS
Lynne Sadowski
Matt Vice, Past-President
Tom Wheir Ken Zook
Associa Cares Earmarks
$100,000 For Hurricane Ian Relief
Associa Cares, the community management industry’s leading charitable organization, has earmarked $100,000 to assist potential victims of Hurricane Ian, which threatens to inflict major damage along Florida’s Gulf Coast. Associa Cares is the charitable affiliate of Associa, the industry’s largest community management company.
Currently rated as a Category 4 storm, Ian continues to increase in strength and is predicted make landfall on Wednesday night or early Thursday. It is projected to generate winds exceeding 125 mph, torrential rains, tornadoes and a storm surge that may reach as high as 8-12 feet. The storm will slow as it moves ashore, prolonging its impact on the Florida Peninsula.
Anyone impacted by Hurricane Ian can request financial assistance by emailing info@ associacares.org. To support Hurricane Ian’s relief efforts, monetary donations can be made to Associa Cares by visiting the organization’s website and clicking on the “Donate Now” button.
“From past experience, we know that thousands of homeowners and communities throughout southwest Florida are at risk of being negatively impacted,” said Associa Cares President Andrew Fortin. “Their path to recovery will not be an easy one and this earmark underscores our commitment to helping them restore a sense of normalcy to their lives.”
ABOUT ASSOCIA CARES
Associa Cares is both a U.S.-based nonprofit 501(c)(3) organization and a registered charity in Canada, created to assist families and communities in crisis as a result of natural and human-made disasters. Through donations raised from Associa employees and at fundraising events across North America, Associa Cares is able to provide aid to the families affected by these types of tragedies. Associa Cares has provided over $4.3 million in assistance to more than 3,300 families since 2007.
Associa Cares funds are distributed to families of Associa-managed and non-Associa managed communities. To donate to Associa Cares or apply for assistance, please visit our website at www.associacares.org.
To view Associa Cares’ U.S. fundraising disclosures, visit: www.associacares.org/ fundraising-disclosure-statement.
FOR MORE INFORMATION, CONTACT: Andrew Fortin
President, Associa Cares 214-716-3818 (office) afortin@associaonline.com
TOPIC CONTACT INFORMATION
Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-913-3777 2022 BOARD OF DIRECTORS
3RD QUARTER 2022
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 3 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 Truist Bank, Member FDIC and Equal Housing Lender . Loans and lines of credit are subject to credit approval. ©2021 Truist Financial Corporation. All rights reserved. Lending solutions for your communities. Marianne Brown, CAM / VP, Relationship Manager 727-260-5004 | Marianne.Brown@Truist.com Pain�ng and Waterproofing Commercial, High Rise & Condominium Buildings Concrete Repair Specialists Pre-Stressed, Poured in Place, Post Tension Systems Urethane Deck Systems Private Balconies, Walkways, Parking Garages & All Types of Elevated Concrete Surfaces Addi�onal Services Post Hurricane Reconstruc�on, Distributor, and Installer of PGT Hurricane Rated Windows & Pa�o Doors (800) 755 - 3348 www.rljames.com “
Chapter
BY REINI MARSH, CHAPTER EXECUTIVE DIRECTOR
Aswe embark on the last quarter of the year and get ready for the upcoming holidays and family gatherings, I hope you can reflect on how far we have come in the last two years. We are back to a new normal, shaking hands, giving hugs and meeting in person. I know we have not seen the end of Zoom meetings, but at least it is not a daily thing any longer. We are resilient and new products have come into our homes that help us live our best lives in spite of the pandemic.
When I look back, I see the Central Florida Chapter as healthy and happy. We had our amazing trade show in February, the National Convention came to town, a great chapter party was held, and we still have some exciting events planned. On September 21st our second annual bowling round-up was held and the turnout was great.
The next big event is our annual Golf Tournament, which will take place on October 21st at the Orange County National Golf Center and Lodge in Winter Garden. We are planning a happy hour event in Brevard County on November 9th at The Avenue Viera in
Melbourne. We hope to start having regular events and classes in Brevard County going forward.
Our Annual Meeting and Gala is scheduled for December 2nd from 6pm-9pm at the beautiful Winter Park Events Center where we will have a DJ, dinner, casino games and our newest activity, the Wine Toss. We will also once again have our “Giving Tree;” for $20 you can pick a gift card from the tree valued between $25-$100. We will be asking for donations of gift cards as well as bottles of spirits for these fun activities.
I am so grateful to be your CED and know such wonderful people! It is my pleasure to work with you and get to know you on a personal level as well. I care for you all and I pray for you and your family members when I know something is going on in your lives. As 2023 approaches we will begin the process of planning and forming new committees. If you have an interest, please let me know.
Enjoy the Florida “fall!” It’s only 90 degrees today!
4 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 FROM THE CED
News
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 5
CHAPTER
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!
• October 6th: Monthly Meeting: Luncheon - Legal Panel for Today’s Association Issues presented by Angius & Terry LLP at Dubsdread in Orlando. 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. PLEASE REGISTER ASAP. NO SHOWS AND CANCELLATIONS AFTER 10/5 AT 12PM WILL BE BILLED $30. Click here to register. Want to sponsor the October meeting? Click here for all the details.
$550. As a reminder, no outside alcohol permitted. Click here for more information and to register.
• November 9th: CAI Comes to Brevard County from 5pm7pm at The Avenue Viera in Central Park. Come mingle and get introduced to Community Associations Institute of Central Florida with hor d’oeuvres, a complimentary drink ticket, live band and neighbors! There are still some sponsorship opportunities available. Click here for more information and to register for the event.
• November 3rd: Monthly Meeting: Luncheon - Writing Minutes/Agendas/Unfinished Business presented by Betsy Barbieux of Florida CAM Schools at Dubsdread in Orlando. Registration begins at 11:30am and the program begins at 12pm. Click here to sponsor the meeting.
• October 21st: Annual Golf Tournament at Orange County National Golf Center and Lodge in Winter Garden. Registration is at 7:30am with a shotgun start at 8:30am. A portion of the proceeds will benefit the House of Hope. You could win big in the Hole In One Contest, cash in the Putting Contest, and loads of raffle prizes! Become a sponsor of this awesome event (all the details listed on the website) or register to play! Foursomes are
• December 2nd: Annual Meeting & Gala from 6pm-9pm at the Winter Park Events Center. There will be a DJ, dinner, casino games and the Wine Toss. We will also once again have our “Giving Tree;” for $20 you can pick a gift card from the tree valued between $25-$100. We will be asking for donations of gift cards as well as bottles of spirits for these fun activities.
• March 3rd: CA Day & Trade Show: What is the Tune of Your Association from 9am-6:30pm at the Marriott World Center in Orlando. More details coming soon! Registration will open in October 2022.
SPONSOR AN UPCOMING CHAPTER MEETING IN 2022!
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.
6 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
UPDATE
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 7 What’s Lurking Beneath the Surface in Your Community BOUTIQUE SERVICE | TOWERING CAPABILITIES Construction Legal Services | www.balljanik.com We handle claims on a contingent fee basis, advancing all fees and costs We have attorneys Board Certified in Construction Law by The Florida Bar We will partner with your current attorney for your association and solely handle the construction defect claim Do not let your claims expire! Call us at 407.455.5664 for a free inspection and report of any findings of construction defects
MEET THE MANAGERS ON JULY 14
8 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 9 Assessing community priorities is complicated NO NEED TO GO IT ALONE Our easy to understand reserve studies help your board make smarter, more confident decisions that support your community’s financial health. For your reserve study proposal, contact us at (800) 980-9881 or visit reserveadvisors.com. PACWEST.COM/HOA We are proud to support The CAI Central Florida Chapter Pacific Western Bank is a banking partner of choice in the community management industry. Our extensive experience, industry-specific platform and in-depth understanding of your unique banking requirements allow us to deliver financial solutions to meet your needs today and into the future. Call us today to simplify your banking with a one-stop portal solution. Let’s Connect. Michael McCaffrey | VP, Regional Account Executive I HOA Services 813.753.4555 | mmccaffrey@pacwest.com
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.
2022 Orange County Community Conference
Saturday, October 8th from 7:30am-2:30pm
Orange County Convention Center, North Concourse 9400 Universal Blvd, Orlando, 32819
The annual Orange County Community Conference provides Orange County residents an opportunity to learn about innovative ways to improve neighborhoods. Workshops offer a well-rounded blend of topics for individual citizens, voluntary neighborhood organizations, homeowners associations and other community groups. This year we return to an in-person conference. Click here for the full conference information, including all the workshop topics, and to register for the event.
Crime and Safety - Keeping Yourself, Your Home and Your Neighborhood Safe
Saturday, November 12th from 9am-11am
Making sure your home and neighborhood are safe is a top priority.
There are simple and inexpensive techniques that can be done to reduce the threat of crime in your neighborhood and your home. This workshop will provide practical, ready to implement solutions to the common crime and public safety related issues that neighborhoods experience. Click here for the workshop information and to register on Eventbrite.
WEBINAR WITH SOLITUDE LAKE MANAGEMENT
SOLitude Lake Management is hosting their first CE-accredited
webinar, How Sustainable Lake Management Creates Happier, Healthier Communities on Tuesday, October 18th at 3pm. Is your community’s waterbody a space where people can enjoy the beautiful view or is it covered with unsightly algae or aquatic weeds? Water quality issues not only ruin aesthetics, but they can also be a safety hazard and lead to a loss in property value. We believe everyone deserves to have clean, beautiful water they can enjoy, which is why we prioritize sustainable lake and pond management techniques. Join our expert to discover the various sustainable solutions available for lakes and ponds and how healthy water will help improve your well-being, property value, and much more. This free educational webinar is approved for 1 CE credit for Community Managers. Click here to register.
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 2022 Education Catalog for additional resources.
» October 6-7: M-205 - Risk Management (Live Virtual Class)
» October 19-20: M-100 - The Essentials of Community Association Management (Live Virtual Class)
» October 27-28: M-206 Financial Management (Live Virtual Class)
» November 3-4: M-330 - Advanced Insurance and Risk Management (Live Virtual Class)
» November 17-18: M-202 - Association Communications (Live Virtual Class)
» December 1-2: M-203 Community Leadership (Live Virtual Class)
» December 8-9: M-100 The Essentials of Community Association Management (Live Virtual Class)
10 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
EDUCATION
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 11 "Devoted to the Personalized Representation of Community Associations" 111 N. Orange Ave., Ste. 725, Orlando, FL 32801 6767 N. Wickham Rd., Suite 400-H, Melbourne, FL 32940 www.ruggierilawfirm.com
NEW CHAPTER MEMBERS
BUSINESS PARTNERS
Advanced Roofing & Sheetmetal
Kyle Davis
Altieri Insurance Consultants
Jason Pruitt
Ansbacher Law
Anthony A. Fouladi
Kipcon, Inc.
Jennie Shannon
Ray Engineering, Inc.
Rafael Perez, RS
Renewal by Andersen Orlando Bianca Escobar
Unlimited Restoration, Inc.
Zee’s Roofing and Construction Inc.
NATIONAL BUSINESS PARTNERS
AvidXchange
Kelly Gibson
Vote HOA Now
Cathi Sleight, CMCA
MANAGER MEMBERS
Timothy Smith
BlueWave Management Group LLC
MANAGER MEMBERS CONT.
Kathryn Elizabeth Hinton, CMCA, AMS
Castle Group
Tania Bonilla
Community Management Professionals
Tiffany Marshall Community Management Professionals
Kristopher Perez Community Management Professionals
Desera Lee Ramos Community Management Professionals
Dakota Sevier Community Management Professionals
Yvonne Speer
Community Management Professionals
Lyndsey M. Blake HMI
Charles William Schulze, Jr., CMCA
Tatiana Anderson Camila Castrillon
Debra Corbin
Joan Elize Morales
Christie Norris Prince
MANAGER MEMBERS CONT.
Thomas Prince
Christina Len Wanner
Lori Weber
VOLUNTEER LEADERS
Cliff Creech
Great Outdoors Premier RV Community Services, Inc.
Bernard Hatch
Great Outdoors Premier RV Community Services, Inc.
Collen Margiliano
Great Outdoors Premier RV Community Services, Inc.
Sharon K. Sanford
Great Outdoors Premier RV Community Services, Inc.
Matt Willey
Great Outdoors Premier RV Community Services, Inc.
Barbara Yeager
Great Outdoors Premier RV Community Services, Inc.
Andrew D. Singer
12 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 13 STRATUS ROOFING “I absolutely would recommend Stratus Roofing to anyone looking to hire a solid, professional roofing company. They are exceptional at producing quality work, consistently meeting or exceeding deadlines, provide hands-on supervision on-site and are a company of absolute integrity.” — Property Manager, Mosaic at Millenia www.STRATUSROOFING.com (407) 625-5866 SHINGLES METAL TILE MODIFIEDPVC EPDMTPO What our customers are saying… Our Customers… SPECIALIZING IN APARTMENTS & CONDOMINIUM COMMUNITIES Licensed & Insured CCC1326094 | CRC026344 The insurance adjuster works for the insurance company. We work for you. DIAMOND AWARD WINNER #1 Public Adjuster (FLCAJ) 1.800.892.1116 | info@stoneclaims.com | www.stoneclaims.com THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT. is now
Can Your Community Pond Be Managed 100% Chemical Free?
BY TRENT NELSON, AQUATIC SPECIALIST, SOLITUDE LAKE MANAGEMENT
When it comes to the lakes and stormwater ponds in a homeowners association, residents expect them to be healthy, beautiful, and functional. At the same time, they may be averse to the use of herbicides and algaecides for the management of these water resources. Though the pesticides used to eliminate aquatic weeds, algae, and toxic cyanobacteria are very lowrisk, well-studied, and registered with the Environmental Protection Agency (EPA), residents sometimes prefer a 100% natural approach. With this in mind, property managers may find themselves in an uncertain situation. How do they meet the expectations of residents while keeping management costs as low as possible?
Though property managers see their water resources as an asset, some may not believe they have the budget necessary to keep them in peak condition through natural means. Fortunately, this couldn’t be further from the truth. On paper, pesticides sometimes seem like the most affordable and fast-acting option to eliminate nuisance weeds and algae; but the key word there is “eliminate.”
This approach only works to target undesirable growth that has already appeared. Natural management programs, on the other hand, work to prevent that growth from ever occurring. And while pesticide-reliant approaches only provide short-lived results –meaning treatment costs will continue to rise over time – natural maintenance efforts typically yield better results and slash treatment-
related costs by nurturing a healthier, more resilient waterbody.
Communities that choose a natural approach have many tools available to them. When establishing a natural management program, Aquatic experts can help stakeholders evaluate and understand their challenges, budget, and goals – and then create a tailored roadmap to achieve them. Though no two journeys are the same, almost all are driven by science-backed solutions and technologies:
WATER QUALITY TESTING
Water quality testing kicks off this journey. By analyzing water samples in a scientific laboratory, professionals can identify pollutants, algal toxins, and potential imbalances below the surface. Once your aquatic expert has a more complete picture, they can implement the right solutions. When collected on a consistent basis, this data can also expose bigger trends and help experts detect water quality changes before problems occur.
NUTRIENT REMEDIATION
Waterbodies that struggle with aquatic weed and algae issues tend to contain an excess level of nutrients like phosphorus. Nutrients are the building blocks of aquatic life, but a surplus can lead to an overabundance of growth. Under chemical-free management
14 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
Continued on page 16 LAKE & POND
NEGAR SHARIFI
Senior Vice President
P: (407) 440-0928
negar.sharifi@assuredpartners.com
Senior Vice President P: (407) 278-1627
phil.masi@assuredpartners.com
PHIL MASI
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 15 Creating complete customized insurance programs for community associations. www.assuredpartners.com
LAKE & POND
programs, professionals rely on naturally-occurring products like aluminum sulfate or lanthanum-modified clay to “lock up” these excess nutrients and prevent them from playing a role in the food chain.
MAINTAINING BENEFICIAL SHORELINE PLANTS
Once nutrient levels in the waterbody are managed, it’s important to find the source. Grass clippings, yard waste, trash, animal droppings, lawn and garden fertilizers, and eroded sediment are all composed of nutrients, which inundate the water column when these organic materials are swept into lakes and ponds during rainstorms. Native flowering plants and tall grasses can be cultivated as a filtration buffer around the shoreline. Sometimes, nutrients are saturated in the bottom sediments. Hydro-raking or dredging can be used to physically remove this matter.
SHORELINE RESTORATION
A well-managed shoreline is not only aesthetically-pleasing, it’s essential to a healthy waterbody. In cases of severe degradation,
a shoreline may need to be completely restored. Bioengineered restoration techniques are often the most impactful and long-lasting. During the process, experts fill patented knit mesh materials with sediment (sometimes dredged from the bottom) and then shape and anchor it to the land. Once in place, bioengineered shorelines are strong and beautiful, yet virtually imperceptible.
AERATION
Floating fountains are a staple of many HOA lakes to add movement and elegance to any waterbody. Fountains also have many water quality benefits such as circulation and oxygenation. A welloxygenated waterbody is less hospitable to algae and weeds. Proper fountain sizing and equipment maintenance are crucial to reap these benefits. Professionals may also recommend pairing a fountain with a submersed aerator for top to bottom water quality improvements.
COMMUNITY EDUCATION
Proactive maintenance tools are excellent, but nothing can beat the impact of well-informed residents. We each play a role in the health of our surrounding waterbodies. Small actions like reducing the use of garden fertilizers, picking up trash, and properly disposing of pet waste can reinforce ongoing management efforts, help you maximize your freshwater maintenance budget, and bring people together for fun and relaxation around the water.
Sustainable management programs aren’t just about finding natural solutions; they’re about getting ahead of problems and the natural milestones of aging that we know will occur weeks, months, and years down the road. While herbicides and algaecides are helpful and sometimes necessary tools in lake and pond management, they should never be viewed as a lasting solution.
Even if a 100% natural management plan is not feasible due to budget, goals, or existing conditions, implementing some or all of these eco-friendly management solutions can help reduce the reliance on aquatic herbicides and save you money in the long run. Interested in a more natural approach to achieving a beautiful lake? Your local aquatic expert will guide you on the path to success – so that worrying about pond weeds or erosion is one less thing on your to-do list.
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.
Water Quality Testing
Shoreline Restoration
16 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 17 COMMUNITY ASSOCIATION PROGRAM The CommuniTy Banking SoluTion for CommuniTy aSSoCiaTionS John Calpey SVP/Business Development 407-693-0527 (o) 407-920-1789 (m) ONEFLORIDABANK.COM Mary Ann Sheriff SVP/Market Executive 407-693-0606 (o) 407-247-4887 (m) associationservices@onefloridabank.com Experience the Difference of Working with a Florida Based Bank
How Can An Association Pay for Necessary Repairs to the Condominium Property?
BY ELIZABETH A. LANHAM-PATRIE, ESQ., BECKER
There have been big changes in legislation for condominiums in Florida. Effective, May 26, 2022, the Building Safety Act went into effect. This legislation requires a Phase One Milestone inspection within 30 years from the date the Certificate of Occupancy (“CO”) was issued for the building. However, if the building is within 3 miles of the coastline, the milestone inspection must be performed within 25 years of the CO date.
For pre-1992 buildings, the milestone inspection must be completed by December 31, 2024. A Milestone Inspection Report is a written report, under signature and seal of a Florida licensed architect or professional engineer. The milestone inspection report must:
» Indicate the manner and type of inspection conducted
» Identify and describe the severity of any substantial structural deterioration
» State whether unsafe or dangerous conditions exist
» Recommend any remedial or preventive repair for items which are damaged but are not substantial structural deterioration
» Include an “inspection prepared summary.”
Phase One involves a visual inspection and qualitative assessment of the structural condition of the building. If the Phase 1 inspection reveals “substantial structural deterioration,” then a Phase Two inspection is required. When a Phase Two inspection is required, the inspector shall determine the extensiveness of the additional testing required, which may include destructive testing or nondestructive testing (for example, x-rays).
If the Phase Two inspection requires repairs to the condominium building, many associations do not have the funds to pay for such unexpected repairs. If that is the case, condominium associations have a few options: levy a special assessment, if the governing documents permit; or obtain a loan from a private bank.
Condominium associations have long been able to obtain private loans from banks; however, these loans generally must be repaid in five (5) to ten (10) years and the interest rates are based upon the current market rates. In order to assist condominium association with financing, federal legislation has been introduced by Florida
18 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 FUNDING CRITICAL REPAIRS
Continued on page 20
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 19 Founded in 1973, our attorneys have always been pioneers, boldly breaking new ground and taking unconventional approaches to tough legal challenges. Today our attorneys have tremendous expertise and depth of strength in Community Association and Construction matters. beckerlawyers.com 407.875.0955 Patrick C. Howell Office Managing Shareholder phowell@beckerlawyers.com Scott Kiernan skiernan@beckerlawyers.com Brandon R. McDowell bmcdowell@beckerlawyers.com Sarah K. Wilson swilson@beckerlawyers.com David M. Milton dmilton@beckerlawyers.com Aaron K. Crews acrews@beckerlawyers.com Ft. Lauderdale | Ft. Myers | Ft. Walton Beach | Miami | Naples | Orlando Sarasota | Stuart | Tallahassee | Tampa | West Palm Beach Elizabeth A. Lanham-Patrie bpatrie@beckerlawyers.com Florence King florenceking@beckerlawyers.com Robyn M. Severs rsevers@beckerlawyers.com Yeline Goin ygoin@beckerlawyers.com Kaylin Martinelli kmartinelli@beckerlawyers.com
FUNDING CRITICAL REPAIRS
Representatives to allow the U.S. Department of Housing and Urban Development’s Federal Housing Administration to insure loans for building repairs. More specifically, the Rapid Financing for Critical Condo Repairs Act of 2022 would allow condominium associations to obtain FHA-insured loans for the costs of rehabilitation, alteration, repair, improvement, or replacement of any common systems, infrastructure, facility, feature, portion or area serving a condominium project and the loan would be secured by future lien based mandatory unit owner payments.
Historically, FHA-insured loans were collateralized by real property, and a condominium association is prevented from mortgaging common elements. This legislation would allow the loans to be collateralized by assessments, which is the collateral private banks use for loans to condominium associations. Further, the legislation would allow for longer term loans, such as a 30-year loan with a fixed interest rate. An FHA-insured loan also has the added benefits that they often have lower interest rates and the terms of such loans do not provide for a pre-payment penalty, as there often a pre-payment penalty with private bank loans. Therefore, if this legislation passes, it will be very beneficial to condominium associations in Florida.
In most cases in order to obtain a loan, the bank will require an Opinion of Borrower’s Counsel, which is a written opinion from the condominium association’s attorney. The attorney must review the loan documents and opine that the condominium association has the authority to enter into the loan agreement and has followed the proper steps, pursuant to its governing documents, to obtain a loan. Further, banks often require that the association levy a special assessment to repay the loan; therefore, the attorney must also determine and opine if the condominium association has the authority to levy a special assessment and if the special assessment was properly levied.
Therefore, prior to meeting with a bank, we recommend that the condominium association contact its attorney to make the initial determination of whether member approval is required to obtain a loan, and if the condominium association has the power to specially assess. Prior to providing loan documents, banks provide a loan commitment letter that must be executed by the condominium association. The terms of the loan commitment letter are binding terms that are incorporated into the loan documents. Therefore, if an Opinion of Borrower’s Counsel will be required by the bank, the loan commitment letter should also be reviewed by the condominium association’s attorney prior to it being executed.
Elizabeth “Beth” A. Lanham-Patrie has been practicing law since 1993, and she has focused on representing community associations since June of 2001. Beth provides a variety of legal services to condominium, homeowner, and cooperative associations and is a transactional attorney with extensive experience drafting and amending governing document, and preparing and reviewing contracts. Beth is also involved in resolving disputes between associations and owners. Ms. Lanham-Patrie is also one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. For more information, visit beckerlawyers.com.
20 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
Sherwin-Williams understands the needs of HOAs and has the products and services to ensure long-lasting curb appeal and easy maintenance. From premium paints that provide performance and protection to color design services, on-site assistance, maintenance manuals and more — we’re here to help throughout the state of Florida.
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 21 A TRUSTED PARTNER FOR COMMUNITY ASSOCIATIONS Orlando Metro District Amber Schmidt Community Association Specialist The Sherwin-Williams Company (352) 504-9079
6565 Hazeltine National Drive #10 | Orlando, FL 32822 | 407 737 8808 | www iandeconstruction com | FLCGC1526093 Construction Defect Resolution | Occupied Building Restoration | Concrete Restoration | Exterior Waterproofing | Cladding Replacement
Protect Your Association from 3 Common Types of Fraud
BY TAMMY ZUKNICK, VICE PRESIDENT, ASSOCIATION BANKING, AMERICAN MOMENTUM BANK
We live in a world where we cannot be too careful. For association management companies and associations that are self-managed, it is wise to be aware of fraud risks and take strides to protect against them.
This article covers the three most prevalent ways criminals commit fraud and otherwise financially damage management companies and associations. If you’re reading this as a board member of an association managed by a management company, consider asking what they’re doing to protect your association funds from fraud.
CHECK FRAUD
It’s not uncommon to hear of criminals stealing hard-copy checks out of mailboxes. They “wash” (erase) key details from the check, such as the payee name or amount, then write in information so they can deposit it into their own account.
Criminals that wash the payee name and keep the original amount are especially sneaky, because many systems won’t catch that. The association accounting team and its software may only recognize that the deposited check has a check number and amount that match
their records without noticing it was actually paid to the criminal.
There are a number of actions a management company or selfmanaged association can take to protect against check fraud:
» Take advantage of paying bills electronically, when that option’s available. Any time a physical paper check must go in the mail, it poses a risk of being stolen by a criminal.
» For checks your management company or association is delivering via snail mail, have your mail carrier come into the office to collect the mail. The less time a check sits in a mailbox, the better.
» If your management company or association mails a check to a vendor and it gets stolen, you should require that vendor be on ACH moving forward. Often, check fraud can be an inside job and may even be committed by an employee.
22 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 FRAUD PREVENTION
Continued on page 24
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 23 · Painting · Repairs · Interiors/Exteriors · Pressure Washing · Industrial Coatings · Pool Deck Restoration Leave it to Stephens Commercial & Residential • Licensed & Insured 407.676.1470 w w w. A l l S t e p h e n s . c o m For a full list of our services, visit solitudelakemanagement.com/services Restoring Balance. Enhancing Beauty. THE BENEFITS ARE IN THE BUBBLES SOLitude Lake Management thrives on enhancing the ecological balance and beauty of your community’s lake. Utilizing fountains and aeration systems improves circulation and promotes desired dissolved oxygen throughout the aquatic environment. Introduce a floating fountain or submersed aeration system today and enjoy a healthy and beautiful waterbody for years to come! 855.534.3545 solitudelakemanagement.com
FRAUD PREVENTION
» Management companies should ask their bank and software provider if integrated daily auto-reconciliation is an option. Auto-reconciliation is a form of reverse positive pay. The bank tells the software every transaction clearing the accounts, and the software automatically matches those transactions. If something does not match, it could be fraud. Using this tool ensures fraud will be caught and reported in time to ensure no loss is taken.
» Ask that your bank implement Positive Pay, an automated fraud detection tool. This service matches the account number, check number, date written, dollar amount and payee of each check presented for payment against a list of checks previously authorized and issued by the management company or association. While this process can be cumbersome, especially for management companies managing many bank accounts, this is the only fool-proof way to detect check fraud.
ACH FRAUD
ACH fraud is the electronic theft of funds through the Automated Clearing House financial transaction network. Cybercriminals can commit ACH fraud by having the victim’s checking account number and bank routing number. Often, they will send a small amount through to “test” the account. If they receive the funds, the next debit is larger. This continues until they either drain the account or the fraud is caught and the account is flagged.
It’s especially crucial for management companies and board members of self-managed associations to know that if ACH fraud is committed, there is only a 24-hour window to notify your bank that the account was compromised.
According to the National Automated Clearing House Association (NACHA), if a business does not notify its bank of a fraudulent auto-
debit within 24 hours of its posting, the association’s bank legally cannot return the ACH debit to the originating bank for credit to your account.
This means that if ACH fraud is not detected almost immediately, your association may not get its money back. For this reason, fraud prevention tools like daily auto-reconciliation and positive pay are critical.
How to Protect Against ACH Fraud:
» Use an accounting software with a daily auto-reconciling feature, like CINC Systems, which is American Momentum’s accounting software partner. Find a tool that will immediately trigger alerts for any posted transactions that don’t match the association’s records. This is especially helpful for management companies managing a lot of associations, as it eliminates the need to cross-check every account and transaction for possible ACH fraud on a daily basis.
» As with helping to detect check fraud, Positive Pay is another way to guard against ACH fraud. However, because this method requires a member of the management company or association’s team to submit every transaction for every account to the bank, it can be an extremely laborious process. Daily auto-reconciliation is the preferred fraud prevention tool for management companies.
INTERNET FRAUD/CYBERCRIMES
Cybercrime is now the most common crime against businesses. The internet fraud risks outlined below are a few of the more common approaches we see involving management companies and selfmanaged associations.
24 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
Continued on page 26
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 25 Our mission is to provide “Premier” services and solutions to enhance the property values and promote a sense of harmony in the communities we are privileged to manage. Commercial l Homeowners l Condominiums Commited to integrity, transparency and ethical business practices Great communication with board and residents Premier Association Management of Central Florida 2020 A Proven History of Management Excellence 407.333.7787 PremierMGMTcfl.com A Proven History of Management Excellence
FRAUD PREVENTION
Data Breaches: Any organization that collects Personally Identifiable Information (PII)—names, social security numbers, driver’s license numbers, addresses, birthdates, etc.—is at risk of a data breach. That includes associations and management companies that collect this type of information from homeowners.
The costs of a data breach can be steep. There are expenses related to hiring attorneys, computer security experts and PCI forensic investigators; providing credit monitoring to victims; and, not to mention, all the fines and penalties issued by regulatory agencies.
How to Protect Against Internet Fraud: Management companies and self-managed associations can help protect themselves and their homeowners against the above cybersecurity risks by:
» Having a secure IT security infrastructure and processes in place, including IT detection and prevention software to help block fraudulent emails.
Spear-phishing: Criminals send company employees fraudulent emails that appear to be from a trusted sender to induce them to reveal confidential information or perform an action that seems legitimate.
For example, one of your employees receives an email that looks like it came from a co-worker. The email asks the recipient to transfer $50,000 to a bank account. Thinking this is a valid request, the coworker transfers the money. Later, he learns that he has transferred the money into a cybercriminal’s account, which is rarely recovered.
Spear-phishing criminals may also ask for sensitive or confidential information, such as account numbers, passwords and access codes.
Spyware: Spyware is unwanted software that infiltrates a computer and gives the criminal access to its data, including sensitive information. Management companies and associations are at risk of criminals using spyware to collect information that will allow them to access bank accounts.
For example, a management company working with a contractor after a hurricane experienced large-dollar wire fraud when cybercriminals used spyware to take over the contractor’s email and provided fake wire instructions for the initial down payment. These funds were not recovered.
Ransomware: This malicious software infects a computer and displays a message demanding a fee be paid for the system to work again. Cybercriminals hold critical data and systems hostage for a ransom of sometimes thousands or tens-of-thousands of dollars. Preferably, back-up of data should be stored with an outside company to prevent any disruption of duties.
» Training employees on how to detect fraudulent e-mails and potentially malicious files. Spyware, ransomware and spearphishing attempts are only successful if an unsuspecting employee follows through on the cybercriminal’s request.
» Working with their bank to implement a system of checksand-balances to protect against fraudulent activity. For example, before completing large transactions, perhaps the bank requires call-backs or codes for approval.
» Data breach insurance policies can help protect management companies and associations in the event of a data breach. The cost of insurance will generally be far less than the cost of a data breach, should one occur. And if you use a software tool with daily auto-reconciling and/or Positive Pay, as recommended above, you should enjoy a discount on your policy premium.
Fraud is an unfortunate reality for management companies and selfmanaged associations. However, awareness that leads to securing the proper tools, policies and procedures can help mitigate that risk to protect associations.
Tammy Zuknick is Vice President of Association Banking at American Momentum Bank. For more information, Tammy can be reached at tzuknick@ americanmomentum.bank and 941-713-8523.
26 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
27 Free Defect Inspection and Consultation Cost Estimation for Mediation Interim Repairs Waterproofing Sufficiency Of Settlement Analysis Destructive Testing Post Litigation Repairs Call For Your Free Inspection Today! info@empireworks.com 888.278.8200 www.empireworks.com Construction Management and Consulting Stucco Application Carpentry Deck Coatings Reconstruction Scope of Work Creation Construction Planning
What is Fiber Infrastructure and What are its Benefits?
BY MARTIN CLEMMONS, BLUE STREAM FIBER
You 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-To-TheHome 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 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 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.
28 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 FIBER OPTIC CABLE
Continued on page 30
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 29 Specialists in Condo and HOA Repainting and Repairs l 6 offices serving ALL of Florida l Working with Condo boards and HOAs since 1951 l Small and large projects, including high-rise buildings l Roofing repairs, waterproofing and roof replacement l Restoration of walls & surfaces l Electrostatic metal painting l Constant on-site supervision Call 877-442-5062 for a quote www.MunyanPainting.com Excellent quality control on every Condo and HOA paint and repair project, with no unwanted surprises...
FIBER OPTIC CABLE
makes it a top choice for many HOA’s and COA’s today.
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.
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 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
Martin Clemmons is Director of Community Relations for Blue Stream Fiber that works with HOA’s and developers to bring fiber-to-the-home solutions to communities and build a tailored plan that makes sense for them. To learn more about bulk fiber offerings, call 888-960-BULK.
30 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 31 Engage.Envision.Engineer. KIPCON provides our clients with the most CUTTING EDGE DRONE TECHNOLOGY in the industry. Drone technology is now fully-integrated into all of our services, and increases quality and efficiency in a timely and cost-effective manner. THE FUTURE IS HERE. KIPCON provides our clients with the best Reserve Study Report for their community. The Kipcon Reserve Study +™ provides ongoing planing tools, including access to our online password-protected portal which allows the client to interactively adjust their Reserve Study. Engineering Consultants Reserve Studies, Transition Studies, Inspections and more Designs and Specs, Building/Site Kipcon Florida 8297 Champions Gate Blvd. #270, Champions Gate, FL 33896 Phone (407)782-5214 • jshannon@kipcon.com • Kipcon.com
Challenge - Board Focus and Membership Understanding
BY DENNIS MASCH, CAM
“What about the reasonable expectations of the membership?”
That question was asked by a board member, several years ago, to an attorney whose firm was under consideration to replace the association’s current legal representation. The attorney’s response was, “The only expectations of the membership should be what is in your documents.”
All associations in the State of Florida are a business corporation. They have assets that need to be maintained, safe to use, and be properly insured. We shouldn’t need to experience the most recent tragedy and loss of life at Surfside for board members and the membership to understand that. The State of Florida, with their typical overreach of new legislation after a tragedy, needs to stop reacting to problems that they had a hand in creating.
Members who volunteer to run for the board are seldom prepared for what the position requires and what their responsibilities are. They receive no compensation, are term limited, and either sign an affidavit or agree to complete a two-hour board member certification course within ninety days. As a manager, attend one of those courses and you will see that most new board members come out with a certificate stating they are now certified by the state to be on the board. I have never left any of those presentations with a new board member who wasn’t more confused than when they went in. The emphasis on the laws of the Florida Statutes, the differences in those for various association types, governing documents, and which take priority is overwhelming. In many cases, unnecessary. That is why
the association’s board has legal representation and management to guide them.
In the simplest terms, the primary responsibilities of a board are maintenance of the common areas and assets of the association. The board assess membership for the costs to properly perform maintenance and enforce the rules of the association. Membership? – pay your assessment, keep yourself informed, and be involved in what is going on in the community.
As a manager we advise the board and “protect the association” in making sure the board has the relevant information available to make decisions that they are responsible for. The board can assign any duty to anyone they want. What they cannot assign is responsibility. Yet the board is under no obligation to make a decision based upon that information. Many board members believe their focus is the need to save money. They are reluctant to bring in outside professional expertise to help guide their decisions or listen to them. Too many members believe the board is there to serve them and what they want. Some of those members run for election and focus on just that.
A new board member requested my perspective on questions he received from other residents wondering if they made a mistake buying their home here. My response was relating the question I mentioned above. The rest of the story included that firm wasn’t hired. The reason for the meeting to begin with was the board “didn’t like” the written opinions of their current legal representation. We haven’t learned.
32 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
ASSOCIATION BOARD
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 33 © 2020 Valley National Bank. Member FDIC. Equal Opportunity Lender. All Rights Reserved. VLY0971 EXPERIENCE THE HOME OF HOA BANKING It’s time you had one place to go to meet all your HOA banking needs. Simplify your HOA banking experience today. Shelby Benson | VP | Business Banking HOA | COA Solutions Group 321.332.3186 or sbenson@valley.com
The Infinite Game in Condo Governance
BY MITCH DRIMMER, AXELA CONDO & HOA COLLECTIONS
In 1986, Professor James P. Carse presented the concept of finite and infinite gaming. He said, “there are at least two kinds of games: finite and infinite. A finite game is played for the purpose of winning, an infinite game for the purpose of continuing the play.” Sports games, like football and baseball, are clearly finite games. They have specified chunks of time in which one is expected to do better than the other. An infinite game has no winners and no time length. Instead, it’s just a set of rules and expectations you must continue to participate in without end.
Simon Sinek took this game theory and applied it to the planning and continued success of a business enterprise. Businesses are not time-restricted games. You don’t have a year or five or ten in which to complete some kind of final objective. Sure, there are benchmarks and points of obvious success, but there is no end to business.
Now apply that kind of thinking to the HOA and condo industry: community associations, and in particular, condo governance. A condominium should be run with an “infinite game” mentality, with the goal of the structure being maintained to reach the ripe old age of eternity. Can a structure last infinitely? Maybe not, but
even so, that is how it should be governed. There is no shelf life on a condominium building.
KEEPING SCORE IN CONDO GOVERNANCE IS PLAYING A FINITE GAME Condominiums all too often live on a budget-to-budget basis (or a special assessment to special assessment basis) with very little regard for the future. This kind of condo governance manifests itself in an inadequate capital improvement plan or a functioning preventative maintenance protocol.
Many condominiums are run by a seat-of-the-pants mentality–the pinnacle of finite thinking. This budget-to-budget, board-to-board, manager-to-manager mentality is destructive and a clear blueprint for a condominium’s demise. It pits past, present, and future against one another, each one keeping a score of who did what and who should be responsible for what comes next. Often, this means everyone is passing the buck, and no one is actually accomplishing anything. Managers and board members need to think in terms
34 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 GOVERNANCE
Continued on page 36
A Resident Expert in your Landscape
Creating a place that feels like home starts from the ground up. Enlist a skilled team with deep expertise in creating outdoor spaces that increase property value and ensure your community is a coveted place to live. With thoughtful planning and an unwavering attention to detail, we ensure your community’s goals are met and resident satisfaction is high.
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 35 One Partner for All Your Landscape Needs Design • Develop • Maintain • Enhance Contact Us David George 407 341 1729 david.george@brightview.com www.brightview.com
GOVERNANCE
beyond their tenure with the community and consider the far future in their planning and attitude.
Recently, we have witnessed the results of a condominium playing a finite game. Could there be a better example of misguided shortterm planning than what happened in Surfside, Florida? Reports all indicated that the board of directors thought about only the shortterm struggles–their time in office, the quickly-mounting immediate expenses, the inconvenience of a serious construction project–and played a finite game with disastrous consequences.
But the board is not alone in their fault. They had no direction from their law firm (which was fined $31 million dollars), which should have known better. This tragedy did not happen in a vacuum.
SUSTAINING THROUGH AN INFINITE GAME
As extreme as an example Surfside is, the thinking remains endemic. It is not an anomaly, it is only the worst-case scenario and a scenario many buildings are facing after so many years of neglectful condo governance.
It all begins with a reserve study. A quality reserve study can start the process of future planning for a condo building. Ideally, the results will physically lay out what the future may hold. It won’t be
perfectly spot-on, but it is at least there as an initial guide.
This is how communities play the infinite game–a good reserve study is not a one-and-done event. A proper reserve study requires longterm maintenance and updating as inflation, and other infrastructure issues inevitably erode the previous year’s budget. Playing an infinite game in condo governance will ensure its longevity, value, comfort, and positive residential experience.
START PLAYING AN INFINITE GAME
A condominium that has a good reserves program, maintains an honest budget, pursues delinquencies, seeks out stability in management, and continues to embrace new technologies to reduce expenses is playing the infinite game.
It’s election season for boards of directors, so why not campaign on governing with an infinite mentality? Govern and manage your building like it is supposed to last forever. For more advice on condominium fiscal management and collections, contact us today.
Axela shared this article with the Chapter and it can be found on their blog at www.axela-tech.com/blog/the-infinite-game-in-condo-governance.
36 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
allianceassociationbank.com Top 10 - Forbes Best Banks *All offers of credit are subject to credit approval. Alliance Association Bank, a division of Western Alliance Bank, Member FDIC. Western Alliance ranks top ten on Forbes’ Best Banks in America list, four years in a row. Managing and innovating association banking solutions is our business, so you can focus on growing yours. No-Fee Checking Accounts Online Banking Loans & Credit Solutions* ConnectLiveTM Software Integrations In-State No-Fee Lockbox Services ACH & Online Payment Services Specializing in: Meet Your Association Banking Experts: Paul Knuth, LCAM Senior Vice President (407) 865-4800 pknuth@allianceassociationbank.com Tyler Morton Sales Support Officer (772) 696-1566 tmorton@allianceassociationbank.com
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 37 *Where available. Some limitations apply. Behr brings a complete team of specialists to your project to provide answers, create solutions and offer professional services specifically designed for property managers and owners. PERSONALIZED PAINT SERVICES AMBER SCHMIDT Regional Account Manager (407) 414-6199 | amschmidt@behr.com • Call, Text, or Email Your Orders • Arrange Will Call and Schedule Deliveries* • Custom Color Matching • Project and Order Record Management • Job Walks • HOA Color Books • Project Specification Services • Digital Color Renderings • Full-Size Drawdown Samples
ELECTRONIC VOTING
The Must-Knows of Electronic Voting for Florida Condominiums and HOAs
BY MARK DIPINTO, GETQUORUM
Fall is officially here, meaning it’s time for many condominiums and HOAs across the State of Florida to begin preparing for their annual meeting. While many of us associate annual meetings with long-drawn-out in-person meetings and the tedious, error-prone tasks such as filling out paper ballots, many boards and property managers have begun searching for ways to improve how these meetings and related processes are executed for the benefit of all those involved.
As a result, many communities across the state have embraced technology such as electronic voting to help reduce cost, increase participation, enhance security, and run more efficient and effective annual and other governance meetings over the past few years. With that said, if you’re like the growing number of communities utilizing electronic voting, here are some must-knows before introducing electronic voting at your community’s next annual meeting.
IT ALL STARTS WITH COLLECTING CONSENT
Collecting owner consent to electronic voting and consent to receive electronic notice of meeting communications is the first and arguably the most important step in your community’s journey to adopting electronic voting. State legislation requires communities throughout Florida to collect consent from owners who wish to receive electronic notice of meeting communications and vote electronically, making it a mandatory step for any community that wishes to distribute and collect electronic ballots at their annual meeting.
While the process of collecting consent from owners may appear fairly straightforward, unfortunately, this is often not the case. Most property managers and board members would quickly agree that
collecting information from their ownership group can be a pretty daunting task, especially in communities that exceed a few dozen units. Therefore, in order to streamline the process and ensure maximum participation, we recommend that any community that would like the majority of their owners to transition to electronic voting should always choose an electronic voting solution that provides their owners with a simple, convenient way to consent to receive electronic notice.
WE CAN’T FORGET ABOUT DISTRIBUTING NOTICE AND OTHER MEETING MATERIALS
After collecting consent, it’s time to distribute the notice of meeting, advance ballots and other meeting materials. An essential step in any annual meeting; it can, unfortunately, be a rather costly process when done through old-fashion printing and mailing.
This is why many Florida communities that have transitioned to electronic voting have adopted a solution that seamlessly distributes meeting notices and other materials electronically. By selecting a solution such as GetQuorum’s, management can distribute these pre-meeting items electronically to owners who have consented to electronic notices, saving them time and significantly reducing the overall cost of running an Annual Meeting.
VOTER SECURITY SHOULD BE A TOP PRIORITY
Any experienced property manager knows that keeping voter data secure and anonymous must be a top priority. Not only can failing to keep voter data secure break the trust between management and
38 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
Continued on page 40
nviro Tree Service is a full-service provider of commer cial and residential tree care as well as preconstruction activities such as land clearing, tree protection, arborist consulting and biological assessments.
We are a privately-owned, certi ed Majority Woman-Owned Business and have been serving central Florida for over 9 years. Enviro Tree Service has over 100 combined years of professional tree care
experience between our 6 ISA Certi ed Arborists on sta . Our biologist has 13 years of agency experience and spent over two years providing commercial envi ronmental consulting services. We currently employ over 60 tree care professionals, heavy equipment operators as well as our biologist and Commercial Applicator.
Our scope of work includes tree removals, tree pruning, root prun ing & control, palm pruning and planting, cabling and bracing, storm and emergency work, tree surveys, environmental consulting, tree health care services and site clearing and mowing.
Enviro Tree Service prides itself in having the most specialized equip ment and certi cations to com plete your job in a safe and e cient manner. Our land clear
ing division is equipped with a horizontal grinder, excavator and
loader. We also have three grapple trucks to assist in debris removal.
Managers on sta are all ISA Certi ed Arborists. Other certi ca tions include TCIA Certi ed Tree Care Safety Professional, Advanced Mitigation of Tra c (MOT), Aerial Rescue, First Aid and CPR, Gopher Tortoise Agent, OSHA 30, and Florida Commercial Applicator for aquatic environments, roadways and natural areas.
THE
TO A
RealManage
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 39
C M Y CM MY CY CMY K Enviro Ad-half page.pdf 1 3/12/2020 12:22:01 PM
provides the most comprehensive management solution available with the and industry experts community deserves. • Secure Cloud-Hosted Portals for Boards • Financial Management including Tax and Audit Management • Homeowner/Resident Support • Deed Restriction Management • And So Much More...
KEY
THRIVING COMMUNITY
ELECTRONIC VOTING
the ownership group, but it can also have a catastrophic impact on the legitimacy of your elections and corresponding results that can significantly impact the operations of the community.
This emphasis on voter security and ballot secrecy has significantly contributed to why many communities across Florida have transitioned to electronic voting over the past few years. Unlike paper-based voting, many electronic voting platforms are equipped with several sophisticated security features to ensure voter data is secure and auditable. From unique access links to data encryption, choosing a voting platform with advanced security features is integral to preventing any potential result tampering and provides voters with a level of security that paper-based voting processes cannot match.
NOT ALL VOTING PLATFORMS ARE CREATED EQUAL
As we know, many Florida Condominiums and HOAs have unique voting requirements that must be accounted for during their annual meetings. From needing to account for advanced ballots submitted by owners ahead of the meeting to voter eligibility that varies from owner to owner, accounting for these unique factors is integral to ensuring accurate voting results and adds complexity to the ballot tabulation process.
This is why selecting an electronic voting platform, like the one provided by GetQuorum, that can accommodate the dynamic nature, and unique voting requirements of most community elections is integral to the success of your meeting. Without a capable solution, accounting for these requirements to ensure the accuracy of voting results is a daunting, time-consuming task that is prone to errors and, if done incorrectly, can have a catastrophic impact on your community.
All to say, it’s easy to understand why a growing number of communities across Florida are looking to adopt electronic voting for their next annual meeting. And with the right solution and proper planning, I can confidently say that introducing electronic voting at your next meeting should be a straightforward and rewarding experience.
Mark DiPinto is the Marketing Manager at GetQuorum, an industryleading provider of virtual meeting, electronic proxy, voting, and notice distribution services. Through his experience, Mark has acquired an in-depth understanding of the challenges communities face in regard to governance and how integral leveraging the right technology is to the success of owner meetings and condominium governance.
40 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
407.396.0529 yellowstonelandscape.com
Diana Sada Shareholder Attorney
Joe Smith Attorney Curt Sullan Attorney
Ryan Pardue Shareholder Attorney
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 41 213 S. Dillard Street, Suite 210, Winter Garden, FL 34787 37 N. Orange Ave., Suite 500 Orlando, FL 32801 Our Firm serves the Legal Needs of HOAs & COAs: We collected $1.8 million in assessments for our clients in 2018 Are you looking for a Law Firm specializing in Community Association Law and related matters? Contract reviews, document amendments, legal opinions, and support for your every-day community association needs. Efficiently handling a large volume of collection cases with our proven withheld billing format. Cost-effectively litigating your legal proceedings for bankruptcies, construction defects, evictions, mortgage foreclosures, and more. Flat rate covenant violation enforcement process, including initial demands, mediation and litigation. GENERAL COUNSEL COLLECTION OF ASSESSMENTS LITIGATION SUPPORT COVENANT ENFORCEMENT Learn more at www.martellandozim.com or call 407.377.0890 844.815.5321 www.castlegroup.com Are you working fulltime managing your own community? We’re often asked why a self-managed community should consider a professional, licensed, and experienced management company. Here are a few reasons why: experience, technology, accountability, and economies of scale. To learn more about the benefits of professional management contact Castle Group at 844.815.5321 100 S. Ashley Dr., Suite 200 Tampa, FL 33602 | 813.816.7140 1343 Main Street, Suite 303 Sarasota, FL 34236 | 941.777.6776 Available by Appointment • You do not pay legal fees or costs unless we recover for you. • Our team focuses exclusively on construction defects throughout the state of Florida.
Get Your Landscape Ready for the Holiday Season
BY JOSEPH BARNES, YELLOWSTONE LANDSCAPE
Getting your property “in the spirit” for the holiday season sets a fun and festive tone. While you might be thinking that a commercial Christmas light installation is the only way to brighten your property, there are also some landscaping additions that you can make which will add holiday cheer.
As with all your vendors, you want to make sure that your landscape company is thinking about any changes that might occur on your property during the holidays. With the help of your landscaping partner, you can be set up to have a wonderful holiday season.
We’ve rounded up some holiday decorating ideas and landscaping tips that will help set you up for success this season.
1. ADDING HOLIDAY CHEER TO YOUR SEASONAL ROTATION
There are some great plant choices that can be made to add holiday cheer to your seasonal flower rotations. Here in our temperate climate, we have a lot more choices when it comes to blooming plant material during the winter months than in other
parts of the country. Color is a huge factor in creating holiday cheer. Flowers in shades of deep red, burgundy, and white have a natural holiday feel to them. We have used begonias to help get some of these colors into the seasonal rotation.
Of course, everyone always wants poinsettias, as they have come to be associated with the holiday season. Their crimson and white blooms make them naturally festive, and we have done some really fun designs with poinsettias on our clients’ properties, including installing them in the shape of a candy cane by alternating white and red. But even just a row of poinsettias can go a long way in adding some festiveness to your property. It doesn’t have to be over the top to be seasonally festive. Color is one of the biggest factors that will add to the holiday spirit that you’re looking to achieve.
2. CONSIDERING THE BEST CONTAINER PLANTS FOR HOLIDAY COLOR
Container gardens can also go a long way in adding seasonal cheer to your property. Some creativity can help ensure these
Photos by Yellowstone Landscape
42 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022 LANDSCAPING
Continued on page 44
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 43 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 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 Golf Tournament Committee Scott Pollock Sentry Management spollock@sentrymgt.com Legislative Committee Tom Slaten Larsen and Associates tslaten@larsenandassociates.com David Furlow Leland Management dfurlow@lelandmanagement.com Membership Committee Jason Martell Martell & Ozim jmartell@martellandozim.com Jessica Cox Leland Management jcox@lelandmanagement.com Social Committee Tara Stone Stone Claims Group tara@stoneclaims.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com
LANDSCAPING
containers are still fun and colorful with additions like pine branches, pinecones, and berries. Even some holiday decorations like glass balls or other simple ornaments can be added to these containers for an additional touch of holiday cheer.
Keep in mind that sometimes the indoor areas of a property can get overlooked when it comes to seasonal additions. But locations like lobbies, package receiving areas, and other common areas, are great places to add container plants with holiday color.
You don’t necessarily need to bring commercial holiday decor companies into the mix to set up these simple displays. Having your landscaping company create some seasonal containers and then adding your own decorations can go a long way in generating some holiday cheer.
3. ADDING LIGHTING TO YOUR WATER FEATURES
While holiday decor might have you automatically thinking about a Christmas light installations, another festive way that we see properties “get in the spirit” is by lighting up their water features.
In general, water features have been trending toward more elaborate designs. And now we are also seeing these features being lit in shades like green and red, or blue and white for the holiday season.
It can be a relatively inexpensive undertaking to change out a bulb to one that is red or green, but it has a dramatic impact on the overall look of your community’s holiday decor. It’s a simple way to make a big statement.
4. CONNECTING WITH YOUR COMMERCIAL LANDSCAPING PARTNER AHEAD OF THE HOLIDAYS
In general, it’s a good idea to connect with your commercial landscaping company to talk about any changes that will be
occurring on your property during the holiday season.
For one, if you’re going to have increased traffic because of holiday parties or events, holiday shopping, or other related activities, you might want to add cleanup visits or enhance some feature areas for your residents and their guests.
You’ll certainly want to make sure that your parking lots are clean and that no signage around your property is blocked by untrimmed branches. Increased traffic due to the holidays is always a good reason for some landscape clean-up not only for looks but for safety, too.
Of course, if you are having a commercial Christmas light installation completed, you will also want to communicate this information to your landscape provider. Sometimes we need to coordinate our service schedules around that work. We might also adjust or turn off irrigation zones so that they don’t cause any damage to decorations.
The same goes for the mowing crew on your property. It will be helpful for them to be aware of any light installation or seasonal decor being added to your property so that they can be extra careful around your seasonal additions.
5. WORKING WITH YOUR LANDSCAPE PARTNER TO HAVE THE BEST HOLIDAY SEASON
The holidays can be such a fun time of year and some holiday decorating ideas can help guests, residents, visitors, and others to get the most out of their time on your property.
Of course, making the best decisions and ensuring that your community is ready for the holidays can be made easier with the help of a landscaping partner on your side. You not only want your property to look festive and cheerful, but you also want to keep it neat and tidy while it’s seeing an increase in activity during this time. You certainly want it to be safe, too. With increased traffic on your property during this time of year, you don’t want any landscaping hazards to pose a threat.
Keeping up with the appropriate maintenance during this time of year will also be important. After all, though enhancements like seasonal flower rotations and container gardens are fun, if your property isn’t well-maintained, you aren’t going to get the most value out of these additions.
There’s a lot to think about, but it doesn’t have to all fall on your shoulders. At Yellowstone Landscape, we’re here to be your trusted landscaping partner during the holiday season and throughout the year. We are always looking for ways that you can take your property to the next level.
44 CENTRAL FLORIDA TIMES | 3RD QUARTER 2022
of
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.
INCLUDE:
Automatic membership in your local CAI chapter
how-to resources at www.caionline.org
Exchange, CAI’s online members-only forum to ask questions, get answers,
regulatory, and media advocacy at national and local levels
to Common Ground,
CAI’s bimonthly, award-winning magazine
CAI@Home with content
224-4321
3RD QUARTER 2022 | CENTRAL FLORIDA TIMES 45 JULY AUGUST caionline.org Ready.Set. Summer! » Swing,splash,safety:Yourguide toplaygroundsandpools 20 » Waterdown:Committing to conservation p.26 CHALLENGEMAINTENANCE RESPONSIBILITYRADIOACTIVE A NEW FOR HISTORIC COMMUNITY32 2018caionline.org Smoke Out Condominium associationsacross the country aredeclaring their buildings—even inside individual units—smoke free. Here’s how. bottom line SHORT TIMERSAre you preparedfor influxtransient tenants? THE BUCK STOPS HEREProtect your communityfrom embezzlementin steps WATCH WHAT YOUthe First Amendmentapplies in your association The Benefits
Membership
YOUR MEMBERSHIP BENEFITS
Community Managers | Management Company Executives | Homeowner Leaders | Business Partners ❚
❚ Members-only,
❚
and share your expertise ❚ Legislative,
❚ Free subscription
™
❚ E-newsletters, including the personalized
tailored to your preferences ❚ Member rates for CAI education courses and certification opportunities ❚ 40% off for members on all books and merchandise from CAI Press ❚ Member discount programs on D&O insurance, energy solutions, and rental car service ❚ Member registration rates for national and chapter events ❚ CAI Job Market, the industry’s leading online recruitment service ❚ Free listing on CAI’s online Professional Services Directory ❚ The Directory of Credentialed Professionals, CAI’s online database of trusted companies and individuals who have earned industry designations and certifications Follow Community Associations Institute (888)
www.caionline.org @CAIsocial CAI’sMagazine CommunityAssociationLeaders SEPTEMBER OCTOBER caionline.org Oneyearlater,communities arestillrecoveringfrom2017’s naturaldisasters: » Californiawildfires 21 » Hurricane Irma 26 » HurricaneHarvey P.33 BOARD EDUCATION: Should training be mandatory? p. 39 MILLENNIAL MESSAGE: Connecting with the newest homebuyers p. 45 STRONG RESPONSE DIGITAL MAGAZINE UPGRADE pgs.
Kipcon Engineering, Inc.
Management
Florida Bank
Western Bank
Roofing
Association Management
Advisors
James Inc.
Bids
The Ruggieri Law Firm
Sherwin-Williams Company
Lake Management
& Company
Group
Bank
Rabin Parker Gurley, P.A.
Alliance Association Bank Angius & Terry, LLP Construction Defect Attorney Askanadjuster.com Asphalt 365 Asphalt Restoration Technology Systems AssuredPartners Ball Janik, LLP Becker BEHR & KILZ Paints & Primers BrightView Landscape Services Cepra Landscape CIT Bank Classic Landscape Company Cohen Law Group Dehlinger Construction DMI Paving & Sealcoating EmpireWorks Reconstruction Enviro Tree Service Glickstein, Laval, Carris, P.A. I&E Construction, Inc. Juniper Landscaping platinum gold Associa Community Management Professionals Burg Simpson Eldredge Hersh Jardine PC Centennial Bank silver Castle Group Melrose Management Partnership
RealManage
Leland
Munyan Painting One
Pacific
Performance
Premier
Reserve
RL
Roof
The
SOLitude
Stephens
Stone Claims
Stratus Roofing Truist Association Services Valley
Vice Painting Yellowstone Landscape Martell & Ozim, P.A. Pipe Restoration Solutions Towers Property Management United Land Services 2022 MEDALLION SPONSORS!