P.O. Box 941125
Maitland, FL 32794
www.caicf.org
exdir@caicf.org
407-913-3777
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
Celebrate Good Neighbor Day with CAI. Carly Reid, CAI’s director of program logistics and exhibitor relations, shares her experience moving into a new neighborhood and the power of community spirit.
When I first saw the small piece of paper taped to the outside of my back gate, my initial reaction was, “Oh, geez.” I had just moved into the community and was worried I already ran afoul of my neighbors. Cringing, I slowly peeled off the piece of paper and peaked through the fingers covering my eyes. To my surprise, it wasn’t a nasty gram. Rather, it was an invitation to the neighborhood Memorial Day BBQ. I let out a big sigh.
So, I went to said neighborhood event. And guess what? It was great! I met people from all walks of life—from the 7th grader who showed me her super talented anime drawings to a 98-year-old woman who is one of the original owners of the community dating back to 1968. She was fun and had all the neighborhood tea. Among the burgers and watermelon, everyone was so welcoming and genuinely inquisitive about me. And I found myself at ease. I was going to like it here.
Before settling into this 500-unit townhome community, I lived in a 32-unit condominium. It was hip and near shops and restaurants; that was all great. But what it had in sophistication and cool-factor vibes, it lacked in friendliness and neighborliness. Rarely did anyone in my building make eye contact, let alone stop and say hello and, heaven forbid, invite you over for a glass of wine.
Instead, it was a-buzz with busy professionals and athletic types who were always on the go and not really interested in getting to know me or anyone else. In my four years there, I think I met a total of three neighbors. The lack of interaction was getting to me. I realized I wanted to be a part of something more—at least someplace where your neighbors acknowledged your presence. So, I moved, and it was the best decision ever.
We’ve had a lot more BBQs and other events since Memorial Day. I’ve met a plethora of people who are super cool and interesting. People say hello and wave. There are so many dogs and cats, and parks, and running trails. It is pretty awesome, and I’m pretty darn happy in my new community. So, what’s in an invite? Everything.
This article is from HOAresources.com, which explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. We then assemble trusted experts to provide practical solutions to your most commonly asked, timely questions. We never use real names, but we always tackle real issues.
Iam so excited to introduce you to our newest Chapter employee, Tara Ruch, who is the new Membership Manager. She comes to us with a lot of event planning skills and a great experience in the hospitality market. She is helping to make some positive new changes and brings a set of fresh eyes to the table.
Welcome, Tara!
As we close out the year, we want to encourage you to join our efforts with the social media platforms. Please follow us and like us on Facebook, Instagram and LinkedIn. We are trying hard to make an impact there. Please take photos at our events, share them on your own social channels and tag the Chapter!
We recently tried a new venue, the Azalea Lodge in Winter Park, for the last luncheon, and I think we will probably try to utilize that venue again in 2024. Your feedback on it was very positive! Thank
you for venturing out to a new venue. I think Azalea Lodge really works well for the Chapter’s needs.
Coming soon will be our October 5th luncheon. Then, later in October the 2024 Trade Show will go on sale for exhibitors. November will bring our luncheon on the 2nd and the Brevard meeting on the 9th at Zarrella’s in Cape Canaveral. Next in November, we have the best day of the year - our annual Golf Tournament! The tournament will take place on Thursday the 16th at the beautiful Shingle Creek Golf Club, which is also on sale now. On November 30th, we’ll celebrate the year’s successes at the Annual Meeting & Gala at the Winter Park Events Center. This will include our gift card tree, dinner and dancing. Stay tuned for more details coming soon! As always, find all the details of upcoming events at caicf.org/events
Please continue to pray for your fellow CAI members and for Sonia Bosinger. Happy fall to you all!
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 5: Monthly Meeting: Luncheon - Reserve Studies
CEU presented by Nick Brenneman of Reserve Advisors at DubsDread. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Click here to register and to sponsor the October meeting.
• November 2: Monthly Meeting: Luncheon at DubsDread. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $37. Click here to register and to sponsor the November meeting. Please bring donations to the meeting for Junk in the Truck benefiting The Mustard Seed of Central Florida. Accepted items include: Dishes and Kitchenware; Linens and Towels; Home Decor; Men’s, Women’s, and Children’s; Clothing and Shoes; and Small Appliances. The Mustard Seed of Central Florida helps rebuild the lives of families touched by homelessness, personal tragedy, or natural disaster by providing basic household furnishings and clothing.
• November 9: Brevard Meeting: Luncheon at Zarrella’s Italian & wood Fired Pizza in Cape Canaveral. Registration begins at 11:30am and the program begins at 12pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $35. Click here to register and to
sponsor the November Brevard meeting.
• November 16: 13th Annual Golf Tournament at Shingle Creek Golf Club. Registration is at 7am and Shotgun Start at 8am. A portion of the proceeds will benefit the local charity, The Mustard Seed of Central Florida. You could win a CAR in the Hole In One Contest, $5,000 in the Putting Contest, and loads of raffle prizes! There will be Track Man, Golf Ball Cannon and more fun! Become a sponsor of this awesome event (all sponsors will receive acknowledgement on sponsors signage at event; opportunity to raffle off prizes; and opportunity to supply promotional materials for goodie bags) or register to play! Foursomes are $595. The course does not permit outside alcohol to be brought on the property. Click here to register and for more information.
• November 30: Annual Meeting & Gala at the Winter Park Events Center from 6pm-9pm. More info coming soon!
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
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.
is hosting a donation drive benefitting:
Please bring in donations on November 2nd for pick up!
Accepted items include:
Dishes and Kitchenware
Linens and Towels
Home Decor
Men's, Women's, and Children's Clothing and Shoes
Small Appliances
The Mustard Seed of Central Florida helps rebuild the lives of families touched by homelessness, personal tragedy, or natural disaster by providing basic household furnishings and clothing.
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. Please note, there is no workshop in December.
2023 Orange County Community Conference
Saturday, October 14 from 7:30am-2pm
3800 S. Econlockhatchee Trail, Orlando
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. Workshop topics include To Be or Not to Be: Avoid Becoming a Fraud Victim; Ask A Lawyer; The BIG Merger: Orange County Code Enforcement Merges with Neighborhood Services Division to Improve Communities; Vision Zero: No Sugar, No Calories? Only Safer Roadways; Show Me the Money! Grant Opportunities to Beautify Neighborhoods; Conserving, Protecting, and Enhancing the Environment; and A Chat with Mayor Demings Click here for more information.
Crime and Safety Expo
Saturday, November 11 from 9am-11am
Internal Operations Center 1: 450 E. South Street, Orlando
It takes citizen involvement, leadership and partnerships to create and maintain safe neighborhoods. This workshop will challenge leaders to be creative and to form partnerships with OPD and OCSO to prevent crime. Participants will learn about community policing and different crime fighting strategies, such as Neighborhood Watch, Citizens on Patrol, gang prevention, youth programs and more. Click here for the workshop information and to register on Eventbrite.
CAI offers many online learning opportunities (click on the dates below to register or obtain more information) that lead to professional credentials. View the 2023 Education Catalog for additional resources.
» October 5-6: M-205 - Risk Management (Live Virtual Class)
» October 12-13: M-206 - Financial Management (Virtual Class)
» October 26-27: M-330 - Advanced Insurance and Risk Management (Live Virtual Class)
» November 1: CAI Community Conversations Live. Get to the heart of the matter about current news, issues, and trends we have in common. Community Conversations happen quarterly in collaboration with CAI chapters. Each is led by community association leaders and industry experts. Join us and find solutions to create a powerful and positive impact on the community associations we serve. FREE to all members (advanced registration required.)
» November 2-3: M-100 - The Essentials of Community Association Management (Live Virtual Class)
» November 16-17: M-202 - Association Communications (Live Virtual Class)
» November 30 - December 1: M-203 - Community Leadership (Live Virtual Class)
» December 7-8: M-100 - The Essentials of Community Association Management (Live Virtual Class)
» January 18-19: M-100 - The Essentials of Community Association Management (Live Virtual Class)
» January 25-26: M-201 - Facilities Management (Virtual Class)
» February 8-9: M-360 - Leadership Practices in Building Community (Live Virtual Class)
» February 22-23: M-202 - Association Communications (Live Virtual Class)
SOLitude Lake Management is committed to keeping your lakes, ponds, and wetlands healthy and beautiful. Our customizable SOL Pro Plans help set your waterbody up for success. From shoreline erosion repair and depth restoration to improving water quality with aeration and nutrient remediation strategies, our annual management plans keep your waterbody on track year-round. Invest in your waterbody today, and enjoy its beauty for years to come.
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ECS Florida, LLC
David Moore
First Horizon Bank
Chuck Fortier
G & A Certified South Roofing
Jeff Chase
Golden Temple Builders
Nicholas Ruggiano
Maurice Lawn Care LLC
Mr. Maurice Amar
Napoleon Tree Service
Anthony Burtrum
Property Maintenance Partners LLC
DBA Cleanworx365
Stephen Pizzuti
Charles Taylor Engineering Technical Services
Mary Anne Medina
Davey Commercial Landscape Services
Jeffrey Huber
Mor-Sports Group, Inc.
Nathan W Simkonis
Association Reserves
Will G. Simons, RS
BuildingLink
Christian Burns
Dulce Maria Cavanna-Jurado
Edward Fox
Thomas Kerney
Beacon Community Management
Scott St. Clair
Empire Management Group, Inc.
Maria G. Aguilera
Charlie Ann Aldridge
Nichol Anderson
Natalia Bagniouk
Mike Christian
Alina Coello
Vanessa De Angelis
Heather Gambini
Felix Gonzalez
Rachelle Kirkley
Kristi Lambert
Glenn Leibold
Jorge Miranda
Stephanie Ramery
Jose Ramon Riestra Sierra, Sr.
Barbara Scholz
Derek Scholz
Kendra Soto
Jessica Tavarez
Jessica Treadwell
Oscar Anthony Trujillo
Janet Washington
Samuel Woodget
Leland Management, Inc.
Jacqueline Albarran
Valerie D’ambrosio
Extreme Management Team
Karie Clearwater
Lois M Boxer
Sharon Gastelbondo
Douglas Matz
Great Outdoors Premier RV Community Services, Inc.
Drew Proulx
Great Outdoors Premier RV Community Services, Inc.
Michael Terry Country Club of Ocala POA
Homeowners, Managers, and Business Partners can become members. If you provide products or services to community associations, CAI can give you direct access to thousands of potential customers and provide unique opportunities through networking luncheons, socials, and other great events. Visit caicf.org/resources/ membership to learn more!
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.
Orlando Metro District
Amber Schmidt
Community Association Specialist
The Sherwin-Williams Company
(352) 504-9079
The term positive pay refers to an automated cashmanagement service used by financial institutions to deter check fraud. Banks use positive pay to match checks issued by companies with those it presents for payment. Checks that are considered suspicious are sent back to the issuer for examination.
The system acts as a form of insurance against fraud, losses, and other liabilities to the bank. There is generally a charge incurred for using the positive pay system, although some banks now offer the service for a reduced fee or free.
» Positive pay is a system for preventing check fraud that is offered to companies by most commercial banks.
» Positive pay also can compare electronic payment activity
» Identity thieves and fraudsters often try to create and cash counterfeit checks, and those checks could be cashed.
» Companies usually provide a bank with a list of the check number, dollar amount, and account number of each check.
» Some financial institutions also compare the payee in their positive pay system
» The bank compares the list to the actual checks, flags any that do not match, and notifies the company.
» The company then tells the bank whether or not to cash the check.
Managed WiFi capability has become a feature that many communities look for in their telecommunications service provider. Why is that? Because this technology allows for residents and guests to access WiFi seamlessly throughout their homes and common areas within the community.
Traditional WiFi, different from Managed WiFi, uses multiple access points (also known as routers), to give connection and permit the use of WiFi/internet. These access points (usually in each individual home), or in common areas such as a clubhouse are not linked, and thus, considered unmanaged.
As people move away, their device remains connected to the weakened access point, until signal is completely lost. Only then, the connected device will try to connect to a closer access point. Once
it connects, the device will still be connected to that previous access point because a small amount of signal is being received. Ultimately, this process leads to weak connections, interrupted services, and slow loading times. Sound familiar?
Managed WiFi is quite the opposite! A managed WiFi system is set up to swap access points as soon as it reads one closer, and these access points are distributed among entire communities, which is incredibly beneficial for residents in large buildings or communities when wanting a solid connection in amenity areas.
It’s no wonder communities look for a provider who offers managed WiFi – to provide residents and guests with the very best experience,
Continued on page 20
and ensure the community is competitive with other communities on the market!
See below for some additional benefits to look for in a managed WiFi system, both for an association and a homeowner:
Send stronger signals to rooms where WiFi usage is higher. Get temporary boosts when downloading large files.
Restrict certain content, freeze WiFi for certain devices (or at certain times) and more.
Create temporary passwords that grant different permissions to babysitters vs. weekend visitors.
Protection with advanced cybersecurity features, like ad blocking and quarantining compromised devices.
Whole-home awareness at the person’s fingertips, whether in the house or on the go.
If you have any questions about Blue Stream Fiber’s Bulk offerings or would like information on their Total WiFi service and information on communities who have benefitted tremendously from implementing it, visit bluestreamfiber.com/partner.
Blue Stream Fiber works with board members and property managers to bring world-class fiber-to-thehome solutions to their community. To learn more about Blue Stream Fiber, our fiber infrastructure, and whether your community qualifies to have fiber built at our cost, call 888-960-BULK or visit bluestreamfiber.com/bulk.
Have you ever wondered why the Florida Statutes make our boards of directors meet in the “open” when other types of for profit and not for profit corporate boards of directors do not? And, have you wondered why members and unit owners have the right to attend a board of directors meeting? After all, the meeting is not for the members, it’s for the board of directors to get the business of the corporation accomplished. The board meeting is not an informational meeting for the members and unit owners. So why on earth are owners allowed to attend a board meeting? (Section 718.112(2)(c), and Section 719.106(1)(c), and Section 720.303(2)(a), Florida Statutes.)
Section 617.0830, Florida Statutes, The Florida Not for Profit Corporate Act, seems to describe what might commonly be called the “prudent man rule.” Since most of our community associations are organized as corporations under Chapter 617, this prudent man rule is automatically incorporated into our statutes and documents.
However, it seems our community association statutes elevate our boards of directors to a fiduciary relationship with the members and unit owners. (Section 718.111(1)(a), Section 719.104(8)(a), and Section 720.303(1) and (3), Florida Statutes.)
So why do Chapters 718, 719, and 720 add the word “fiduciary”? Are the legislators holding our board members to a higher standard than
a “prudent man”? Is there a difference in the relationship a “prudent man” has with someone and the “fiduciary relationship” our board members have with the owners?
Is there a connection between the word “fiduciary” and the “open meeting” requirements?
As you consider the word fiduciary and the who and what of that word, you might think of your financial planner. Your financial planner has a fiduciary relationship to you. He is managing your assets and is to do so in your best interest. He only manages your assets with your consent and involvement. Unless specifically authorized, he will not make decisions that affect your assets without your knowledge.
Similarly, the duty of our boards of directors is to (1) protect the property and its value, (2) maintain the things that members and owners use in common, and (3) enforce the restrictions on the owners use rights of the common elements and areas. That is, the boards of directors are making decisions that might affect the greatest asset many people have – their homes. Since it would be contrary to the way corporations operate to have the members and owners involved in every decision made by the board, but because the board members are likely making decisions that could affect the value of
Continued on page 24
No one wants to see unsightly algae and weeds covering their lake. Proactive and all-natural lake management solutions can help you get ahead of potential water quality issues, while reducing your environmental footprint. Avoid the frustrations of reactive management so your community can enjoy a beautiful lake year-round.
the members and unit owners homes, the boards are required to meet in the “open” with members and unit owners allowed to attend to hear the discussions and ultimate decisions made by the board. To complicate things more, the legislators also allow the owners in attendance to comment on a designated agenda item.
Fortunately, the legislators give the board of directors the ability to create rules for how and when owners make those comments and may require them to sign up ahead of time noting the item on which they wish to comment and can limit their commenting time. Owners should not be allowed to hijack a board meeting and make comments, ask questions, yell, scream, and holler about things that are not on the agenda. There should be other ways to collect and address owners concerns regarding maintenance or violations, but not at the board meeting.
Making decisions that may affect the value of the members’ and owners’ homes is also why the agenda specifically identifies those items on which the board is going to discuss or take action. The agenda, in most cases, must be posted on the association property 48 hours in advance of the meeting. Unlike other types of board meetings in other organizations, nothing may be added to the agenda at the meeting. Except in emergency cases, there are to be no surprises to an owner at a board meeting of the items to be discussed. Owners need the opportunity to see the agenda in advance of the meeting and decide if they want to attend and make comments on any designated agenda item.
All of this results in a very awkward blend of statutes that connect “fiduciary” with “open meetings” with designated agenda items on which owners may comment AND our use of the Procedures for Small Boards in Roberts Rules of Order. Awkward is an understatement.
With board members being elevated to a fiduciary relationship to the members and unit owners, it then begins to make some sense why a vote of each board member must be recorded into the minutes, why the president does vote (and may make motions and may debate), and why the statutes say board members could be personally liable for their actions. Then, it is a natural conclusion that board members should have Director and Officer Liability Insurance. This coverage should pay for their defense in the event the board members are sued by a member or unit owner for a board decision.
However, remember, this coverage only covers board members who do right and are acting within their fiduciary relationship. If a board member does wrong on purpose, she is on her own. (Section 718.111(1) (d), Florida Statutes, in part, “…kickback, or … actions constitute recklessness, or an act or omission that was in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Forgery of a ballot envelope or voting certificate used in a condominium association election is punishable as provided in s. 831.01, the theft or embezzlement of funds of a condominium association is punishable as provided in s. 812.014, and the destruction of or the refusal to allow inspection or copying of an official record of a condominium association that is accessible to unit owners within the time periods required by general law in furtherance of any crime is punishable as tampering with physical evidence as provided in s. 918.13 or as obstruction of justice as provided in chapter 843.”)
Board members are then required by statute to (1) file a written certification of satisfactory completion of an educational curriculum administered by a division-approved condominium education provider within 1 year before or 90 days after the date of election or appointment, or (2) sign a statement that says he or she has read the association’s documents and will work to uphold such documents and policies and will faithfully discharge his or her fiduciary responsibility to the association’s members.
It is likely that board members who choose option 2 don’t have a clue what fiduciary relationship means, and I bet they haven’t read all their governing documents.
Originally published in the February 2023 NE CAI/Condo Media Magazine
Afew things that everyone can agree upon is that the Internet of Things (“IoT”), Cyber Liability, Data Breach, Cyber Crime and Technology are touching everyone’s life, both positively and negatively. Most people agree that all their devices, systems including the required software and hardware are expanding, changing and growing faster than any of us can keep up with or understand. Most everyone communicates using smart phones and/or other smart devices. More and more, new homes are built as smart homes or existing homes are transitioned into smart homes. Many of us yearn for times gone by.
Community Associations are not immune to the intended and unintended consequences of this brave new world that has been changing more and more, and faster and faster. Community Association Boards, Community Association Managers and Business Partners acknowledge the changing world and many know this while many others come from the position that why fix something that they do not perceive as broken. However, at the same time, a vast majority of the community association industry is ready to pursue the necessary elements of the requisite Risk Management of these new technologies (see Wired, 2018 Survey of Cybersecurity in Community Associations).
Community Associations, whether condo, coop, Single Family HOA or other common interest development (hereafter referred collectively as “Association(s).”) are managed by boards elected by the unit owners. The key obligation of Board is to Protect, Preserve and Enhance their community association. To comply with their obligation, boards must put the interest of the association ahead of their own and those of the unit owner members. Their duty is to the “entity.”
The issues addressed here involve risk management, both insurance and non-insurance resources: (1) Proactive Non-Insurance Risk Management tools to eliminate or minimize consequential damage from a cyber event, a data breach event, on-line theft, phishing, social engineering, hacking, ransomware and extortion, amongst others; and, (2) what insurance products are available and what should the policy include to proactively minimize insurance claims and covered losses and perils.
The goal of this article is to convince community association Boards, CAMs and Business Partners to put the Risk Management and insurance for these exposures toward the top of the board’s agenda.
Continued on page 28
In this “Brave New World,” these issues are different from prior board issues. In the past, boards had more breathing room for them to see how claims play out to determine their cost benefit level of risk. Boards, CAMs and Business Partners hear about, read about and experience potential cyber, data, technology and the IoT. As most of us know, it is far cheaper to address and fix issues sooner than later. Although the issue is not identical, the timing issue is. The board and unit owners of Champlain Towers South in Surfside Florida received an engineering report in 2018 clearly identifying the significant infra structure issues that were critical and needed to be addressed. The unit owners voted not to pursue any of the necessary work (approximately $9 million) per unit. Many of the board members at the time resigned due to the vote. Sometime approximately two years later, unit owners voted to pursue the changes which were now estimated at $16 million.
Unfortunately, had they been proactive, and had they chosen not to “defer maintenance” in 2018, there may be 98 individuals still alive and a beautiful building overlooking the ocean standing. (I speculate that the fixes and improvements been completed, the unit values would have dwarfed the cost). Admonition: it is imperative that you have your insurance professional meet with your board to evaluate this issue for your association to help identify the issues and to explain the potential insurance solutions. In addition, you should have a similar meeting with your CAM(s) to discuss a strategy for non-insurance protected matters.
Associations hear about all the cyber, data, IoT and Technology issues every day but do not see them occurring in community associations. First, earlier this year there was a Ransomware attack in a high-rise Boston association. I do not have permission to disclose that insured, but I bet you good money that they were happy to obtain the Cyber Liability/Data Breach coverage. Associations are living with a false sense of security. Hackers and cyber criminals no longer only look to large targets. Rather, they are looking at small and soft targets who may not result in a large hit, but are simple and quick hits. At the end of the day, the issue is not “if” a hack or event will occur, but “when” it will occur.
When I speak to boards and association professionals on this topic, I am often asked what can we do? Although it is a bit tongue in cheek, I advise them to remove all technology in the management of the association.
The first thing you need to do is an audit of your Association’s use of any of the following, including what exposures board members and CAMs may have on their personal or business devices. For example, does your Association Board Members, Employees, CAMs or other business partners use any of the following in the management of the Association? Any positive answers to the following warrant cyber liability/data breach coverage.
» FOBs, key cards, remote controls
» Building automation system
» Computer
» Virtual board meetings (Zoom, WebEx, Facebook)
» Email, texting, Facebook or other social media
» Management Software
» Laptops, smart phones, or other smart devices
» Website
» Online banking
» Wire transfer capability
» Access to the internet
» Maintain applicant or unit owner applications, ESA/ADA request
» Elevators
» Security Cameras
» Online card payment capability
» Any documents/records that are save and stored after the requirement for maintaining them has expired
Admonition: It is important for board members to understand that there is no board member privilege. Therefore, their personal e-mails are not protected from discovery in litigation. Do you want to have your personal devices and/or your business/work data requested in litigation? The only possible protection for this is to either eliminate all email between and amongst board members or to create an intranet type email where the BOD must log into the website BOD section and the email is shared and goes to all BOD members.
» Unit owner information being stolen by a hacker or disgruntled employee?
» An order from a governmental agency to notify current and past unit owners and tenants for whom information has been kept, but is subject to a data breach, and pay any fines or penalties? [See Mass.Gen.aws 93H, Sec. 1. All 50 states and the DC have Data Breach Laws.]
» To pay costs for credit monitoring for unit owners, tenants employees and anyone else where the Association still store personally identifiable information?
» A laptop or thumb drive lost or misplaced with Unit owner information (personally identifiable information) on it?
» A hacker encrypting your computer locking it down and demanding a ransom payable in Bitcoin to unlock the computer.
» Deal with your computer being invaded by a virus and compromising your entry key cards for your building, front gate, clubhouse, elevator and/or pool?
Continued on page 30
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» Do you know who to call if any of the scenarios listed above occur? Time is critical!
» Do you have someone to call if the computer has been compromised? Time is critical!
» Do you have access to education, webinars and proactive risk management services available for the BOD?
» Do you have someone to defend the Association against claims by governmental agencies, or civil lawsuits (at someone else’s expense)?
Tip: There is one coverage under the cyber liability/data breach policy that in and of itself is worth its weight in gold and a sufficient reason to purchase the coverage. The data breach response services materials include a number to call if any of the scenarios above occur. What is provided is a coach or claim coordinator to assist you with the claim. Most policies provides a booklet outlining the services approved and listing approved Computer Forensic Experts, Forensic Accountants, Attorneys and other principals to assist with various Claim issues within their expertise.
Community association insurance professionals (“brokers”) have been proposing cyber liability and data breach coverage for many years. Under a Cost Benefit Analysis, this is no longer an optional coverage for the BOD fiduciaries. This should be part of every association’s insurance portfolio. Board members must understand, their primary obligation is to protect the association’s assets, tangible and intangible, and should heed the professional’s advice regarding the proposed insurance. Failure to obtain this coverage can result in draconian costs. Just Goggle Cyber Liability and Data Breach claim costs.
The “cost” to obtain a cyber liability/data breach response policy is relatively inexpensive and provides a great deal of both protection and access to extensive risk management information, data breach coaches, forensic computer experts, and training videos.
The first excuse from Boards and CAMs is “cost.” Cost is actually the main concern of the majority of Boards everywhere for all insurance. The typical policy is roughly between $500 and $2,500. The following two policies in Massachusetts are $809 for a $1 MM limit, $902 for a $250K limit, $2,139 for a $500K limit, and $2,669 for a $1MM limit. The key underwriting rating factors are: (a) location, (b) limit of liability requested (c) and the Association’s annual revenue (for the purpose of or underwriting, would be the total
of all assessment and special assessments in the upcoming budget year, not capital or improvement or reserve funds). The second excuse is why do we need these coverages in the first place. Boards say: “we have not seen any claims for cyber liability or data breach in associations.” Boards say “associations are small fish, why would the hacker or cybercriminal spend his or her time on associations”? “Associations are not like Target, hospitals, law firms, insurance agencies, oil companies, large financial institutions.” What is happening is that the large targets are getting smart, significantly upgrading security measures and are doing significant training for all their employees. Hackers and cybercriminals are lazy and go for the easy score.
The underwriting of these policies is not very rigorous. Sometimes the key is learning the basic sections of the policy and determine what is covered. Most BODs understand that they are insured for any type of risk, injury or damage. However, the question is, are they self-insured or insured by an insurance policy. If it is the former, the insured will have to pay any attorney fees, settlements or judgments out of its own assets. In most states, fiens and penalties are not covered.
In the normal course, the insurance coverage purchased by associations includes two categories of benefits, “defense” of claims, governmental proceedings and civil lawsuits, and “indemnity” for settlements and judgments that the insured becomes liable. In addition, there is generally no coverage for fees, penalties ordered by regulatory entities or remedial measures. However, fines, penalties and remedial measures are covered to one degree or another in the cyber liability/Data Breach Response Services policies.
The insurers that provide this coverage has videos, articles and trainings, generally at no additional cost. This does not need to be an “all or nothing” strategy. Simple things such as putting limitations on websites, requiring dual authorization to most IoT devices, and be a minimalist with respect to what you maintain.
In addition, insurance should be obtained. On the following page (page 32) is a chart of Insurance Solutions for various risks that associations may in fact experience and the various insurance policies that may respond. The challenge is that contrary to many other types of policies, the insurers have not developed standard terminology, or standard coverages. In addition, not all policies providing cyber liability/data breach response services are not bundled in the same way with the same coverage.
Continued on page 32
*If the Association D&O or GL policy is silent regarding alleged cyber liability wrongful acts or occurrences, there may be coverage, primarily a defense obligation.
* Some Cyber Liability/Data Breach response are including Cyber Crime.
**Some court cases have found coverage available under the computer fraud portion of the Fidelity/Crime Policy.
*** The Fidelity (Employee Theft)/Crime policy must specifically include Social Engineering/False Pretense Coverage.
**** The Fidelity/Crime policy must include Wire Transfer Fraud aka Funds Transfer Fraud.
BY GIL SHALMON, PUBLIC ADJUSTER WITH ALTIERI INSURANCE CONSULTANTS
Every Florida homeowner, condo owner, and insurance policyholder is keenly aware of the rising cost of insurance premiums. There have been endless articles, news reports, blogs, and information about why prices have increased so drastically. Depending on the source of the information, we’ve seen the following people blamed for premium increases:
» Overzealous property damage attorneys
» Bad public adjusters
» Shady contractors
» Greedy insurance company executives
» Spineless government officials
» Climate change
» Labor and material shortages
The truth is they have all contributed to skyrocketing premiums, but to what extent each is responsible is up for debate. Regardless, Florida policyholder rights have been slowly eroded over the last two years thanks to heavy lobbying by the insurance industry, making it
even more critical for people to understand what’s in their policy and to understand best practices when it comes to property damage claims so they can recover quickly, and with a minimal out-of-pocket expense. Understand that you now have one year to file a Hurricane claim and that you pay attorney fees directly if you file a suit against your insurance company. So should you win that $200,000 worth of damage you were suing for, it will be $160,000 after your lawyer takes 20%.
First, review your policy with your agent and ask them to explain coverages. Make sure you ask about replacement cost coverages, code upgrade coverage, and adequate limits for additional living expenses (should your family need to relocate temporarily), personal property, and contents (your stuff). Strongly consider buying a flood policy even if you are not mandated to. Your standard homeowner policy DOES NOT cover flood, and we saw countless people who did not have flood coverage get decimated by Hurricane Ian and
Continued on page 36
After ensuring you have proper coverage, it’s critical to review your “Duties and Obligations in the Event of a Loss.” This section outlines what you must do if your property suffers damage. Failing to comply with these guidelines can result in a denied claim or minimal payment. Typically, these duties are relatively basic and require you to mitigate damages and report the claim promptly.
Regarding Hurricane preparedness, you can find a complete list of supplies on our website or FEMA’s. Consider stocking up now to take advantage of the tax holiday and avoid the rush on stores when a hurricane is imminent. It’s critically important to back up all your essential documents to the cloud (tax documents, maintenance records, financial statements, mortgages, leases, investments, deeds, and insurance policies). Take photos and video of your property, inside and out, so you have a baseline condition of your property before the Hurricane comes through. These photos will help substantiate your claim and avoid the “pre-existing damage” argument insurance companies make to deny a claim.
Should you sustain damage, read contracts carefully and do a quick Google review of anyone you may hire, including roofers, mitigation contractors, general contractors, public adjusters, and lawyers. Many contractors and claims professionals flock in from out of state, price
gouge consumers, and then leave or close up shop after collecting payment and not performing the services. We recommend creating a folder or spreadsheet to keep track of all expenses, receipts, and communications with your insurance company and contractors. Staying organized will help speed the claims process and ensure accurate payment.
Lastly, consider hiring a professional for claims representation, either a Public Adjuster or a lawyer. The claims process is highly complicated and tedious. It can often involve several policies and concurrent damages from flood and wind. A solid professional will help prepare a total and proper estimate, review vendor contracts, meet with insurance company personnel, and generally quarterback the claims process so you can take care of everything else in your life. You can find reputable Public Adjusters on the FAPIA (Florida Association of Public Insurance Adjusters) website directory and by looking at Google reviews.
In summation, check your policy(s), prepare a disaster kit, back up your important documents, take photos of your property at least once a year, vet people you hire, and remember that it’s on you to substantiate your claim to your insurance company.
For
contact Gil
Homeowners associations (HOAs) should offer peace of mind to residents: the assurance that the property receives regular maintenance and upkeep without the stress of unexpected costs. Basically, physical assets not affiliated with an individual unit or home undergo repair and replacement in a timely manner.
However, this does not happen without HOAs properly monitoring and updating reserve fund strategies, and this often requires difficult conversations with homeowners about the reserve requirement and special assessment costs to help them understand the financial obligations. As amended legislation requires condominium associations in Florida to sufficiently budget for reserves for capital expenditures and deferred maintenance in addition to operating expenses, it’s a crucial moment to communicate early and often with members and develop a strategic financial plan that will guide your association forward.
Simultaneously, HOAs are dealing with the fallout of inflation and a recession, while trying to responsibly explore investment options that remain safe while providing an opportunity for high yield returns.
In an optimal scenario, HOAs typically allocate 15-40% toward the reserve budget, which will consist of liquid assets used to meet future financial obligations — both expected and unexpected. Creating partnerships with outside experts can help you to maintain and grow these funds.
Without reserves to cover the expenses of a major repair or replacement, a special assessment could subject all HOA individual members to contribute a proportionate share of the project cost — putting everyone on the hook. Understanding these risks helps validate the need to have a plan in place to properly allocate the fees.
Most states have legislation related to reserve funding or reserve fund disclosures, and Florida is among those states that legally require reserve studies. The amount to be reserved for a repair — from roofing to pavement to other replacements with a cost of $10,000 or more — will be determined by the association’s most
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recent structural integrity reserve study completed before December 31, 2024. In addition, the HOA board is always responsible for protecting property values by meeting the financial needs of the properties.
The Community Associations Institute (CAI) closely worked with a number of reserve study professionals to define reserve adequacy and make it part of their National Reserve Study Standards. The definition contains two parts:
» Having enough cash to complete projects on time.
» Not relying on outside funding sources like loans or special assessments.
A current, up-to-date reserve study determines adequacy and contains a funding plan designed to avoid having to go to members for additional costs outside the regular fees. This study also provides boards with reliable numbers to work with in attempting to fund reserves at the same pace as the property’s deterioration and in time for repair or replacement costs.
Ideally, a 100% funded reserve would theoretically cover all anticipated costs from the study. Historically, however, many HOAs are underfunded, leading to the need to suddenly increase association dues or seek inefficient outside funding solutions when unexpected costs arise. At a minimum, HOAs should try to overcome such issues and provide a 70% funded reserve.
With a rising rate environment, HOAs are seeking the best return on their reserve funds, while also staying mindful of the risk of some of the investment options.
This becomes more important due to the current effects of inflation, which have drastically and rapidly changed reserve funding forecasts due to rising operating expenses related to labor, raw materials and other supplies.
Cash flow matters, and a strategy designed to ensure an HOA can survive a crisis and even thrive must now be considered a requirement and not a luxury.
A strong financial services partner should be helping create a plan to invest for growth and explore options to maximize every dollar. Building a strong relationship with a financial services professional can help you navigate not only the planning, but also the execution that leads to better and more productive communication with members.
With these goals in mind, HOAs shouldn’t fall for rate-driven vendor relationships. Instead, a partner truly invested in responsive, dayto-day service and proactivity can help you manage the changing financial needs for operating and reserve funds, along with considerations of the larger economic environment.
In fact, smaller reserve funds can still be adequate when matched with an aggressive plan because the amount of cash required remains relative and depends on the common areas the association is responsible to maintain. For example, an HOA with many common area amenities, such as a clubhouse, gym, pool, water park or athletic facilities, needs to have a higher balance, but more simple layouts require much less cash on hand.
Ratios can be an insightful and meaningful measure, rather than just a bottom-line figure.
The wellbeing of your HOA may depend on whether you have a plan in place before an urgent need hits. Professionals dedicated to understanding the full scope of a specific HOA’s needs — from operational costs like maintenance of shared spaces, security, janitorial services, legal and office expenses, and insurance premiums; to reserve considerations like structure repair and parking lot improvements — can help you to be prepared no matter the economic climate.
Ample preparedness allows your board to instill confidence that the organization is doing everything it can to avoid emergency funding scenarios. Honesty and transparency help to avoid uncomfortable conversations and show a true investment in your HOA’s finances and future. Visit www.enterprisebank.com for more information.
Several laws have been passed during Florida’s recent legislative session, and one in particular will have a significant impact for community associations. On April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law. This new law shortens the time period for bringing lawsuits based on design and construction defect claims and creates new legal hurdles for multi-building communities.
The time periods for initiating lawsuits based on design and construction defect claims are established by §95.11(3)(c), Florida Statutes. Prior to the passage of SB 360, the time periods laid out in §95.11(3)(c) began to run upon the later of various triggering events. SB 360 has modified those time periods by changing the applicable triggering events and by requiring that the time periods begin running upon the earliest occurrence of any of the new triggering events.
As amended by SB 360, §95.11(3)(c)’s repose and limitation periods are triggered by the earliest of the following events: 1) issuance of a temporary certificate of occupancy, 2) issuance of a certificate of occupancy, 3) issuance of a certificate of completion, or 4) the date of abandonment of construction if not completed. SB 360 does not alter §95.11(3)(c)’s four-year statute of limitations for design and construction defect claims but it does shorten the statute of repose for latent (hidden) construction defects from ten years to seven years.
Before the enactment of SB 360, Florida courts tended to apply §95.11(3)(c)’s repose and limitation periods to each community or project as a whole. In other words, the same repose and limitation periods would be applied to every building within a community. Under SB 360, repose and limitation periods must be applied in
multi-building communities on a building-by-building basis. This means that the repose and limitation periods for one building in a community can be triggered years prior to those applied to other buildings in the same community.
SB 360 has significantly shortened the time when an owner, including a community association, must take legal action against contractors for latent construction defects. These changes compromise the protections afforded to homeowners, because typically, latent defects, including foundation issues or leaks behind siding and under roofs, are ones that cannot be seen. SB 360 has created challenging obstacles for community association claimants that will, in some cases, eliminate the opportunity to address legitimate defect issues. This is why, more so now than ever, it is important to explore your legal options and consult an attorney as soon as you begin to suspect your community may have construction defect issues.
Aaron Crews is an attorney in Becker’s Construction Law & Litigation and Business Litigation practices. He represents clients through all aspects of litigation including performing discovery, drafting pleadings, motions, and briefs, and conducting extensive research and analysis on complex procedural and substantive legal issues. While in law school at the University of Florida Levin College of Law, Mr. Crews worked as a law clerk for the Florida Division of Administrative Hearings. He also served as Editor-in-Chief of the Journal of Technology Law and Policy, and received Dean’s List recognition. For more information, visit beckerlawyers.com.
In today’s fast-paced world, poor planning is not just the downfall to a great annual meeting but could also spell social (media) disaster for you and your community. What better time than now to organize your annual meeting process and make you the favorite in the eyes of your community? This way you are ready to implement your new procedures and avoid a meeting that falls into madness.
One of the many requirements in each association’s governing documents is to have an annual meeting of the owners. It is usually at this meeting that HOA/condo members elect the board of directors for the upcoming year. This duly elected board becomes the governing body for the entire HOA/condo so having a fair and impartial election where all owner’s votes count is of utmost importance. Considering the number of community associations across the US is growing (there are over 49,000 owner associations
in Florida), it’s important that the board election process be clear and concise.
Check the Florida state statutes for specific requirements for Non-Profit Corporations and HOA or Condominium board elections (www.leg.state.fl.us/statutes). For condominiums, keep in mind there are also Admin Code Rules 61B-23 (www.flrules.org) that may apply. Some items to look for include when the meeting notice needs to be sent (how many days before the meeting), if the notices must be mailed or if they can be emailed, if the vote has a secret requirement, the minimum quorum requirements to hold a meeting, which types of proxies can be accepted, and parameters for an electronic vote (e.g., proxy is not needed, all votes count toward quorum).
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Check your association’s governing documents. Check both your CC&Rs and Bylaws. Look for meeting date and timing requirements, the terms of the positions, ballot secrecy, quorum requirements, if votes can be changed after submitted, is there an owner date of record of those that are eligible to vote, and if past due owners can vote, etc.
Make a list of all the election details. Once you know your requirements, make a list of all the details and keep it in an annual meeting folder so you can refer to it each year. You may even want to keep the pages of your governing docs with the specific sections highlighted that show the requirements in this folder. Your list should include the number of homes, quorum requirement, how many ballots are required for quorum, how many directors are elected each year and the length of the terms, etc. Be sure to include the location of the meeting and your contact person at the location if off-site.
Create a timeline of when each item needs to be completed. Advance planning of the timing will keep you on track to have a successful annual meeting and board election. Be sure to list all the dates: when to send the call for candidates, when the candidate intents must be received by, when the notice must go out, when the ballots must go out, when the ballots must be returned by, etc.
The goal in creating the Annual Meeting Folder and Timeline for each association is to ensure all requirements are met and the process is followed correctly each year. Failing to follow the process could result in an election being deemed invalid and needing to be redone, costing the association both time and money.
Since electronic voting is permitted by Florida state statute (Condo 718.128, HOA 720.317), it is very easy to incorporate this into your
election process and offer owners another option for having their vote count. The process follows the same timeline as paper proxies/ ballots. Start by having the board adopt a resolution (see an example here: www.votehoanow.com/how-it-works/resources.php) to add electronic voting as a method to accept votes.
Next, work with a company that offers the type of voting service you need. It is recommended that community associations work with an electronic (or online) voting company that is specific to the HOA/ condo industry as they understand the complexities of how HOAs operate. Also, it is important to look for a company that offers fullservice management, not just a portal. A full-service voting company has the expertise to focus on your election to make sure you reach quorum, while relieving some of the workload from the manager or election committee and providing third-party separation.
With a little preparation, your next annual meeting can be a joyful experience!
Ruth Ingoldsby, CMCA®, EBP is the Director of Operations with Vote HOA Now. Before joining Vote HOA Now as business partner to the community association industry, Ruth was involved in association management at both a branch office and onsite community. Along with overseeing vote management throughout the US, she is involved with business development and marketing where she presents both in-person and online to management companies, managers, committees, and boards. Ruth has a communications degree from the University of Illinois, holds the CMCA® designation, and is a CAI Educated Business Partner.
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It’s approaching that time of year again: budgeting season. The time homeowners and condominium associations take a look at how their financials are faring in 2023 and what they need to plan for in 2024.
Budgeting can be tricky any year. But as condo associations work on 2024’s budget, they will need to be especially attentive and strategic. That’s because a few major factors recently have come into play that will significantly impact financial planning and management for many condo associations in Florida.
Below are three things condominium associations must include in next year’s budget and why.
1. FULLY FUNDING RESERVES TO MEET THE REQUIREMENTS SET FORTH IN THE NEW BUILDING SAFETY ACT FOR CONDOMINIUMS AND CO-OPS.
Florida Governor Ron DeSantis signed Senate Bill 4-D into law during a special legislative session in May 2022. The new Building Safety Act for Condominiums and Co-Ops aims to prevent another
tragedy like the 2021 condo collapse in Surfside, Fla., in which 98 people lost their lives.
Most of the provisions of the law will take effect in 2024.
One provision is that recertification – inspection to determine a building’s structural and mechanical safety – will be required for condo buildings three stories or taller after 30 years - or 25 years if the building is within 3 miles of the coast - and every 10 years thereafter.
For example, if your three-story Orlando condo building is 30 years old in 2024, it will be required to undergo recertification next year, and again in 2034, again in 2044, and so on.
The law also requires that if the inspection finds structural repairs are needed, work must begin within a year of the report. It further stipulates that condominium associations have sufficient reserves to pay for those structural integrity repairs and maintenance. (While
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a majority vote by owners could waive fully funding reserves in the past, this law now prohibits that option.)
Condo boards will also be prohibited from using reserve funds outside of their purposes.
So, condo associations should have a solid understanding of when recertification is required for their community and plan future budgets appropriately, starting now.
The buildings requiring inspection the soonest will need to act the quickest to ensure their reserves will cover necessary structural integrity expenses to comply with the new law. Be sure to consider this during 2024 budgeting.
Similarly, the Building Safety Act for Condominiums and Co-Ops requires that condo boards have “structural integrity reserve” studies conducted every 10 years. These studies aim to determine how much money needs to be set aside for the community’s future repairs and maintenance.
The study must include expenses related to the roof, load-bearing walls, fireproofing and fire protection systems, plumbing, and any item with a deferred maintenance or replacement cost that exceeds $10,000.
In short, points one and two above mean that condo associations that have made a habit of financially kicking the can down the
road will very soon lose the option to continue doing so. And, even associations that have been funding their reserves well up to this point may need to increase their 2024 budgets to cover future expenses and requirements set forth by the new law.
With the state’s insurance crisis continuing to push rates up, many associations have opted for a higher deductible to lower the monthly premium. This is an understandable approach to managing finances.
However, we’ve also seen – most recently after Hurricanes Ian and Nicole last year – the financial challenges that can result after a storm hits a community that hasn’t budgeted enough funds to cover its insurance deductible.
Often, bank loans are not available to cover insurance deductibles. This means these communities may need to levy steep special assessments to homeowners to meet the deductible and have necessary repairs made, which is hardly an ideal option.
When budgeting for 2024, consider the full picture of the community’s insurance situation, and reserve enough funds to cover the deductible fully.
Between the new law and Florida’s insurance crisis, condo associations will need to be fully informed and proactive when budgeting for 2024. The ultimate goal is to increase reserve funding accordingly to protect the association’s financial health and your homeowners’ investments.
In June, Governor DeSantis signed Senate Bill 154 to address and resolve issues that emerged from SB 4D. While working on the 2024 budget, consult with an attorney to ensure your association is prepared to comply with applicable laws and understands their impacts (as this article is not intended to provide legal advice).
Finally, communicate information about the new law and insurance industry changes, and what they mean, to unit owners. Communication and education are essential for a smoother process, especially in cases where boards need to increase budgets.
Tammy Zuknick is Vice President of AssociationBanking at American Momentum Bank. For more information, Tammy can be reached at tzuknick@ americanmomentum.bank and 941-713-8523.
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