central florida times 7th Annual Golf Tournament on October 13th PAGES 18-19
WWW.CAICF.ORG | THIRD QUARTER 2017
Third Quarter 2017
contact information P.O. Box 941125 Maitland, FL 32794 www.caicf.org exdir@caicf.org 407-850-0106
board of directors Gina Holbrook, CMCA, President Lou Biron, President-Elect Erik Whynot, Esq., Vice President Brian Peck, Treasurer Kent Taylor, PCAM, Secretary Suzan Kearns, CMCA, AMS, PCAM Chris Martinez Paul Melville Diane Rullo, PhD Chuck Strode, CAM Robert L. Taylor, Esq.
a message from the president I hope you and your families had a fun and enjoyable summer. Family vacations, lazy days hanging at the beach or relaxing around the pool always seem to make summer go by so fast. The kids are already back at school, Halloween decorations are already in stores and the holidays will be upon us soon. This can only mean one thing--budget season is right around the corner! We enjoyed seeing many of you at our extremely successful “Meet the Managers” event. Sold-out for weeks this is quickly becoming one of our most anticipated events of the year. A very special thank you to our incredible committee members and chairpersons, Cathy Bowers and David George, who always do such an amazing job coordinating this great event. We have several exciting events planned for the Fall and we hope you will put them on your schedule to join us. First, our next luncheon is scheduled for October 5th at the World Famous Ace Café in Orlando, and this will also feature our equally famous annual Legal Panel Session. This session is always a well-attended event and with all the recent statute changes I am sure you will want to attend. Next, for all you golfers, and for anyone who likes to be out in the sunshine and away from the office, October 13th is our Annual Golf Tournament held at the beautiful Orange County National Golf Center in Winter Garden. The Crooked Cat Course features significant elevation changes, rolling fairways and large, contoured greens that will make the round challenging and special. This year we are proud to announce that a portion of the tourney’s proceeds are going to two very worthy causes, The Sunshine Foundation and the House of Hope Orlando. Please sign up as spots are filling up fast and you certainly don’t want to miss a beautiful day on the links! November 3rd is our first state-wide Leadership Forum which will be held at the Doubletree Hotel at SeaWorld. This is the first time all eight Florida Chapters are joining together to hold a forum. We have a limited number of booths and only a few sponsorship opportunities available, so please contact Reini if you are interested in sponsoring this event. Finally, Save the Date! December 7th is our Annual Meeting and the theme is “Denim and Diamonds” to be held at the beautiful Highland Manor. This promises to be another great celebration and will give us time to reflect on our very busy and successful year. We will also announce and welcome the newly elected 2018 Board of Directors, speaking of which please look for your email for a call for candidates to serve. The Board, Committee Chairs and our CED have worked hard this year to bring
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President’s message continued
our members great educational and networking opportunities, while enjoying some fun events. But there is always room to improve, and we always appreciate your questions and feedback. So if you have some great ideas to benefit our chapter please contact any Board member, committee chair or me directly at gina.holbrook@premiermgmtcfl.com. In closing, please remember to visit our website for a listing of all upcoming events and we look forward to seeing you there. I want to thank all of you for your support as your President. I am humbled and honored to be a part of our chapter’s leadership team and pledge my commitment to ensuring 2017 continues to provide each of you with outstanding networking, professional growth and education opportunities. Very Respectfully,
Gina Holbrook Gina Holbrook, CMCA 2017 President, CAI Central Florida Chapter
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central florida chapter update 2017 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! • September 7th: Monthly Meeting: Luncheon at Ace Cafe Orlando - “Community Safety.” Registration begins at 11:30am. • October 5th: Monthly Meeting: Luncheon at Ace Cafe Orlando “Legal Panel.” Registration begins at 11:30am. • October 7th: Sunshine Foundation Dream Village Volunteer Work Day (clearing brush and debris) from 8am-1pm in Davenport. • October 13th: 7th Annual CAICF Golf Tournament at Orange County National, Crooked Cat Course in Winter Haven. A portion of the proceeds benefit the Sunshine Foundation!
Registration is at 7am. See pages 18 and 19 for more information. • November 3rd: CAI Florida Leadership Forum from 9am4pm at DoubleTree by SeaWorld. See pages 20 and 21 for more information on the event and scholarship opportunities. • December 2nd: Sunshine Foundation Dream Village Volunteer Work Day (hanging Christmas lights) from 8am1pm in Davenport. • December 7th: Annual Meeting/Winter Gala Fundraiser, “Denim and Diamonds,” at Highland Manor in Apopka.
got credentials? If you have credentials, you have credibility. More than just letters after your name, CAI credentials identify you as the right professional for the job. They give employers confidence that you have the knowledge, experience and integrity to provide the best possible service to their associations. CAI provides opportunities for industry professionals to fast-track their companies and careers and stand out from the competition. If you hold a CAI credential, you are automatically listed in CAI’s online Directory of Credentialed Professionals, where potential employers and clients can find you—and see that you stand above the rest.
Learn how to earn CAI credentials today . . . visit www.caionline.org/credentials or call (888) 224-4321 (M-F, 9–6:30 ET) for more information.
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the right to say, “stay off my property” BY FRANK A. RUGGIERI, THE RUGGIERI LAW FIRM, P.A.
T
hose of us that work closely with Community Associations can universally vouch for the fact that homeowners can often express frustrations with Community Associations, restrictive covenants, and the limits they pose on one’s right to free use of their property and home. This passion and emotion is sometimes reduced to written word, or homeowners may even elect to express their thoughts and ideas with signs or other “creative expressions of thought.” Clients have contacted me on numerous occasions over the years requesting advice and counsel regarding information disseminated to other homeowners or, more common in present times, via Internet blogs, message boards, and other social media and Internet outlets. In fact, the growth of social websites, Internet blogs, and other forums for the expression of ideas and opinions has led to a proliferation of the expression of opinions, both positive and negative, towards Community Associations by homeowners. Community Associations, through their Boards, will sometimes seek to limit the expression of these ideas by homeowners residing in the community, sometimes threatening legal action for slander and/or libel. The protections granted by the United States Constitution are intended to protect citizens from government action while our 6
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civil justice system exists to address private wrongs. Constitutional free-speech implications are increasingly becoming prevalent in the context of homeowners’ expression of their thoughts and opinions regarding their Community Association, its Board of Directors, and its policies and procedures. Florida’s Fifth District Court of Appeals recently visited this issue in the case of Fox v. Hamptons at MetroWest Condominium Association Inc., Case Number 16–1822 (Fla. 5th DCA, July 21, 2017). The Condominium Association brought a harassment and nuisance lawsuit against an individual homeowner who had undertaken to express his negative opinions regarding the Association, Board, Management, and certain neighbors, in the context of websites, blogs, and other social media outlets. The Association and the homeowner eventually settled the case but the homeowner engaged in continuing conduct which resulted in the Association seeking enforcement of the agreement. Part of the Court’s Order included an order that the homeowner stop posting, circulating, and publishing other pictures and personal information about residents, Board members, management and employees and, further, that the homeowner not start any new blogs, websites, or other Internet outlets, related to the community or the Association. The Court’s
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the right to say, “stay off my property” continued prohibition of future speech on a prospective basis was reversed by the Appellate Court as being beyond the terms of the settlement. However, the Appellate Court took the opportunity to address a freedom of speech analysis. The Court discussed the difference between public criticism of business practices versus civil or even criminal proceedings where the speech exceeds the bounds of “protected speech” under the First Amendment of the United States Constitution. While the Appellate Court’s discussion of the freedom of speech issues is not a binding part of their opinion, the Court’s analysis does indicate that injunctive relief is likely unavailable to control statements and opinions being disseminated by homeowners. Instead, the Association is left to its civil and criminal remedies, including civil actions for libel or slander.
to these issues and, at the same time, perhaps the most difficult to resolve. Boards should be mindful of these issues and consult legal counsel regarding appropriate remedies that may be available in situations where the expression of opinions and ideas flirt with the boundaries of actionable libel and slander.
Frank A. Ruggieri is the founding member of The Ruggieri Law Firm, P.A. Mr. Ruggieri has devoted his practice to the Central Florida area since 1996 when he first began practicing law.
This opinion from the Fifth District Court of Appeals certainly raises additional implications regarding the application of constitutional limitations to actions taken by Community Associations and whether enforcement of restrictive covenants can implicate those concerns. Freedom of speech certainly appears to be the most likely to give rise
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if you cannot measure it, you cannot improve it BY MICHAEL KULICH, PRESIDENT OF TURTLE CREEK HOA
M
onth End Report. Manager’s Report. Board Package. No matter the name, these reports are produced on a monthly basis for an association’s board of directors to analyze the operations of their community. Regardless of software package, these reports all have similar aesthetics in providing data around the health and efficiency of an association’s operations. A majority of board members lack the analytical literacy to see multiple columns of data and extrapolate necessary conclusions to aid them in running their association in the most efficient manner possible. This
reality should have many board members taking pause to explore ways to improve their monthly reporting in order to better meet their decision-making requirements along with educating homeowners on how their association is operating. The answer to address this lies in the foundation of performance management consulting: dashboards. Performance management dashboards allow an organization of any size to define critical activities and measure them in a visually meaningful fashion. Moreover, performance management dashboards 10
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will allow for greater control over the planning and strategy of the association in order to achieve set targets.
WHAT ARE PERFORMANCE MANAGEMENT DASHBOARDS? Performance management dashboards gained notoriety after initially being used in the 1950’s by a group of General Electric engineers to control costs within their development projects. An enhanced focus on quality in the United States in the 1970’s and 80’s, led by W. Edwards Deming, Eliyahu Goldratt and Peter Drucker, helped create the performance management standards represented today through dashboards.
Performance management dashboards can be created for any number of reasons covering all levels of an organization. In the case of an association board, the primary driver to use performance management dashboards is to monitor major items within the association o on a regular basis along with providing board directors a consistent format of shared knowledge. A board director should be
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if you cannot measure it, you cannot improve it cont. the primary audience for performance management dashboards as it provides them the ability to: • Monitor critical processes and activities using performance metrics that surface potential problems • Analyze root cause of problems by providing relevant and detailed information from multiple perspectives • Manage processes to improve decisions, optimize performance, and keep the focus association on the right items A performance management dashboard is the most logical tool to adopt for an association board looking to improve their performance. It will allow a director, regardless of analytical literacy, to consume large amounts of data in a highly effective process termed visualization. Visualization refers to using interactive visual representations of
notional based data to magnify analytical cognizance. Employing visualization in performance management dashboards is best explained through the cognitive fit theory. Cognitive fit theory focuses on the alignment of an individual’s decision making skills, the format of information presented and the anticipated task or decision facing the individual. For example, graphs are most effective when dealing with spatial items, like forecasting, that require multidimensional data analysis and pattern recognition. In contrast, information presented in tables, like an income statement, is most impactful for users who are more quantitative in nature.
BALANCED SCORECARDS & KPI’S The Balanced Scorecard (BSC) is a dashboard tool enabling an organization to translate its vision and strategy into a tangible set of performance measures. The BSC provides a holistic view of an organization’s overall performance by integrating core financial metrics with other key performance indicators (KPI’s) usually focused on customer viewpoints, internal processes and assessing the long-term growth prospects for the organization. When applied to a community association setting, a clearly defined BSC, with multidimensional structure for strategic performance measurement, needs to combine financial and non-financial strategic measures to deliver the most value to a board director. 12
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Germane to creating value added BSC’s, is the creation of key performance indictors (KPI’s). KPI’s are tailored to measure the major activities of an organization with each fitting into one of two types: leading and lagging. Leading indicators measure activities that play a role in future performance, whereas lagging indicators, such as financial metrics, gauge the performance of a past activity. From a board member perspective, leveraging leading indicators will deliver the most value when making decisions that can shape the future of the community. When creating a set of KPI’s, a board needs to review some key items to judge if the indicator can be supported by their property management company’s reporting system along with tying it to a specific strategic goal. Some questions for a board to ask themselves when defining KPI’s are: • What part of our strategic plan does this tie to? • Can the indicator be quantified effectively? • Is the indicator understandable? • Does the indicator provide actionable steps to take? • Does the data exist currently in the reporting system? Answering these questions will create a set of meaningful KPI’s to deploy along with avoiding significant rework to adjust indicators not initially developed correctly.
DESIGNING A PERFORMANCE MANAGEMENT DASHBOARD TO FIT YOUR ASSOCIATION There are many items for a board to consider when creating a set of performance management dashboards. The following five questions will help lay the foundation for designing effective dashboards that will deliver the maximum results: 1.
Who is the true target audience? The target audience of any association reporting should be its board of directors as they are the elected homeowners empowered to make decisions for the community. Homeowners should be able to understand the dashboard KPI’s in order to recognize where the board is placing their focus. To ensure success, it’s imperative for the board to recognize that the dashboards are intended for their
use in managing community operations – not to satisfy every homeowner demand for information. 2.
Avoid dashboard clutter – show only the most critical metrics. Dashboards are often overflowing with charts or tables giving a cluttered appearance. This clutter removes focus from the main dashboard message thereby compromising an efficient board review. If a topic needs multiple dashboards to tell a story, then split up the charts or tables. It’s better to have two slides that directors can follow versus a single cluttered slide that fails to convey the message.
5.
Select the right type of dashboard. A community association board is a unique structure in that directors require a set of metrics encompassing the tactical, operational and strategic views of the community. Essentially, all traditional levels of management are singularly consolidated on the board directors.
BENEFITS OF PERFORMANCE MANAGEMENT DASHBOARDS While an investment of time and effort by an association board is required, the panoply of benefits from a performance management dashboard structure justify making the investment. Here is a partial list of benefits an association board can expect to realize:
• Increased visibility and transparency • Quickly identify patterns and anomalies in association
Any chart developed should address one of the three views required by board members:
• • • •
operations Provide consistent view of association performance Effectively communicate strategy Reduce costs and redundancy Deliver actionable information
• Tactical: Used to monitor the processes supporting the association’s strategic initiatives. Tactical dashboards will aid board members in the decision-making process. • Operational: Used for monitoring and analyzing the operational activity of a specific area (i.e. landscaping or security). • Strategic: Used to track performance metrics against association strategic goals. These dashboards tend to summarize performance over a set period (i.e. monthly, quarterly or yearly). 3.
Group the data logically. It’s imperative to group like data together to keep focus and discussion on point. Do not try to mix assessment collection data with how much was spent on landscaping this past month. This only leads to disjointed discussions resulting in wasted time as well as showing a lack of board director alignment to homeowners.
4. Make the data relevant to the audience. Any data and/or visual charts should highlight key items the board requires to understand a topic. For instance, a board may choose its focus to be on financial performance and infrastructure projects as homeowners value enhancing the community infrastructure but want to ensure capital is deployed efficiently to maintain the current dues level.
In summary, performance management dashboards provide an association board a report infrastructure designed to supply the right information to the right users at the right time. This will enhance a board’s ability to optimize decision making, improve efficiency, and accelerate the realization of results to the benefit of all homeowners. The time has come for association boards to conduct their management style as more Fortune 500 than social club. Steve Jobs stated it best; “Be a yardstick of quality. Some people aren’t used to an environment where excellence is expected.” Every director of a community association board should be working toward achieving an environment where excellence is the standard. Developing a performance management dashboard structure will help your board become that yardstick of quality.
Michael Kulich has served as President of Turtle Creek Homeowners’ Association, Inc. in the Dr. Phillips area of Orlando since 2014. He is also President of iD8 Solutions Group which specializes in consulting for community associations along with being a Certified Association Manager. You can contact Mr. Kulich directly at mikekulich@id8solutionsgroup.com with any questions.
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construction defect claims BY JESSICA O’REILLY, BALL JANIK, LLP
BULLDOZING
DEVELOPER’S ROADBLOCK TO CONSTRUCTION DEFECT CLAIMS
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eaking roofs. Cracking stucco. Ponding balconies. Sound familiar? There is no such thing as a perfectly constructed building. Property managers know it. Contractors know it. Developers know it. That is why developers work really hard to protect themselves against lawsuits for construction defects. They protect themselves by lobbying the legislature to craft laws in their favor. They also insert clever language into an association’s governing documents to roadblock an association’s claims for their faulty construction. It’s important to know the law, to know some of the procedural technicalities, and to know how you can use the law to work in the association’s favor.
Before commencing litigation against any party in the name of the association involving amounts in controversy in excess of $100,000, the association must obtain the affirmative approval of a majority of the voting interests at a meeting of the membership at which a quorum has been attained. As you know, getting a majority vote is not impossible, but it is difficult. It is particularly difficult when the vote is to initiate a lawsuit. Oftentimes association members are wary of litigation when they do not fully understand the issues or the process. Developers try to use this Statute to force a majority vote before proceeding with litigation. However, Florida case law is clear: only members of an association may assert this statute as a way to postpone litigation. Developers who do not own property within the Association cannot use this as a roadblock to an association’s recovery. See Lake Forest Master Community Association v. Orlando Lake Forest Joint Venture, 10 So.3d 87 (Fla. 5th DCA 2009). Specifically, the Court in Lake Forest Master Community Association ruled as follows:
Common Defects Due to Poor Construction Practices First, let’s address the law that developers and builders commonly use to stop litigation. Florida Statute §720.303(1) states as follows: 14
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Association’s failure to obtain proper notice [under 720.303] is not an affirmative defense to the suit for construction defects. Developer properly concedes
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construction defect claims continued that if it were not a member of Association, lack of valid authority of the members to file suit would not be a defense to the claims. It would be a ground for any aggrieved Association member to enjoin Association from prosecuting the lawsuit, but Developer, as owner, at most, could be entitled to abatement until the asserted defect in notice is rectified and approval obtained. Construction defect claims involving condominium associations and homeowners associations are oftentimes worth more than $100,000. If the Developer still owns property within the association’s community, then it can postpone the lawsuit and require the association to obtain a majority vote from its members approving the lawsuit. However, if the developer does not own property in the community, then it cannot use this law as a roadblock to stall the association’s claims for construction defects. members of the association, which either have the effect of or provide that… the homeowners’ association is otherwise effectively prohibited or restricted from bringing a lawsuit against the developer. In short, if a provision in the association’s governing documents makes it practically impossible to file suit, then that provision is invalid.
Rotted Balcony Due to Poor Workmanship Now let’s talk about the documents. An association’s Declaration and Bylaws are usually drafted by the Developer. Governing documents prepared by the developer usually place additional pre-litigation requirements on the association before it can file a lawsuit for construction defects. For example, an association’s Declaration may state that the association must get a 75% vote to initiate a lawsuit, which is significantly more than Florida Statute requirement. This additional prerequisite makes filing a lawsuit virtually impossible in any community with more than 50 members or a community with part-time residents. However, Florida Statute §720.3075 limits a Developer’s roadblock abilities and states as follows:
Unfortunately, construction defects are common in Florida. Developers, builders and contractors frequently fail to meet even the minimum standards for construction. Associations need to protect their property and their members’ biggest asset – their homes. When the developer refuses to make the necessary repairs to their poorly constructed buildings, the association’s sole recourse may be a construction defect claim. The developer will try to use the law and the association’s governing documents in their favor. However, you have tools to bulldoze those roadblocks so that the association can recover the money it needs to repair the developer’s bad work.
Jessica O’Reilly is an associate in Ball Janik’s Construction and Litigation practice groups. Her practice is devoted to assisting clients solve complex construction problems with a focus on representing owners in prosecuting construction defect and insurance coverage claims. She has significant
It is declared that the public policy of this state prohibits the inclusion or enforcement of certain types of clauses in homeowners’ association documents… which binds 16
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experience handling multimillion dollar construction defect cases. For more information, contact Ball Janik at 407-455-5664 or visit www.balljanik.com.
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florida leadership forum
T
he Central Florida Chapter of Community Associations Institute (CAI) is one of eight Florida chapters hosting a day-long leadership forum November 3rd in Orlando for community association managers, association board members, and homeowners.
officer of CAI’s 34,000-member organization. “It’s essential that community managers, association board members, and other homeowner leaders fully understand their legal obligations. Overlooking or sidestepping a legal requirement can be very costly, and ignorance of the law is not a defense.”
CAI Leadership Forum: Florida Communities will feature industry experts addressing a wide range of state-specific and national legal issues affecting the governance and management of homeowner and condominium associations. Topics will include building repair and replacement, funding reserves, insurance liability updates, medical marijuana, and much more.
The event will be held at the DoubleTree by Hilton Orlando at SeaWorld at 10100 International Drive. Registration opens at 8am, with the opening session beginning at 9am.
The program will feature education for community managers and homeowners, including association board members and other community leaders.
The eight chapters hosting the CAI Leadership Forum are Central Florida, Gold Coast, Northeast Florida, North Gulf Coast, Southeast Florida, South Gulf Coast, Suncoast, and West Florida. CAI has more than 60 local, state, regional, and international chapters.
We’ve developed a new program to give Florida managers and homeowners the information and perspective they need to ensure compliance with laws that affect associations. Not knowing the legal ramifications of actions and decisions can lead to serious and potentially costly issues, including litigation. Florida has extensive and complex laws affecting community associations,” notes Thomas M. Skiba, CAE, chief executive
To learn more or register, visit caicf.org/event/2017-caileadership-forum-florida.
In addition to state and national legislative advocacy, CAI provides information, tools, and resources to community association volunteer leaders, community managers and management firms, and other professionals who provide products and services to community associations. For more information, visit www. caionline.org or call 888-224-4321.
SCHOLARSHIP OPPORTUNITY TO ATTEND FORUM The Central Florida Chapter of CAI is offering six (6) scholarships to CAICF members that are also CAMs or HOA Board Members to attend the Leadership Forum on November 3rd in Orlando! CLICK HERE to download the application form as a PDF. Please return the form with all applicable documents to the Executive Director, Reini Marsh at exdir@caicf.org by September 21st at 5pm.
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Nov. 3, 2017 | Orlando, FL
CAI
Leadership
FORUM FLORIDA COMMUNITIES
A one-day event for Florida community managers, association board members and other homeowners from Community Associations Institute—the leader in HOA and condo education, advocacy, and professional development. For event details and registration, visit www.caionline.org/FLForum or call CAI Member Services at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).
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/Tradeshow Committee Amanda Whitney Leland Management awhitney@lelandmanagement.com
Gala Committee Gina Holbrook Premier Association Management gina.holbrook@premiermgmtcfl.com
Meet the Managers Committee Cathy Bowers True Property Group cbowers@truepropertygroup.com
Chuck Strode Associa cstrode@community-mgmt.com
Golf Committee Scott Pollock Sentry Management spollock@sentrymgt.com
Membership Committee Debbie Young Premier Association Management debbie.young@premiermgmtcfl.com
Communications Committee Benjamin Isip Towers Property Management, Inc. ben@towerspropertymgmt.com Education Committee Gary van der Laan Leland Management gvanderlaan@lelandmanagement.com Phil Masi Assured Partners pmasi@assuredptr.com
Rick Shreve True Property Group rshreve@truepropertygroup.com Legislative Committee Lou Biron Sihle Insurance Group lbiron@sihle.com
Social Committee Tara Munoz Your Private Adjustor tara@yourprivateadjuster.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com
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hurricane plan BY JOHN GILL, PREMIER ELEVATOR CO., INC.
PRIOR TO HURRICANE SEASON Check the operation of all vents and openings in the machine room and hoistway walls to insure proper operation and prevent water leakage. This should be a part of your regular routine maintenance to insure that your vents operate properly to achieve designed ventilation, and that they do not permit driving rain to blow through the vents. We also want to ensure that the doors, vents and other openings are properly caulked and sealed so as to prevent water leakage. Fire rated metal doors which are corroded, should be replaced. In addition to having lost their fire resistance, a corroded door may not possess the structural integrity necessary to withstand gale force or higher winds. Check all sump pumps, float switches and alarms to insure proper operation. This process ought to be part of a regular P.M. schedule and needs no further explanation.
PREPARING FOR HURRICANE Check all sump pumps, float switches and alarm in elevator pits. This is a procedure recommended in addition to your regular P.M. schedule. This should be performed when a hurricane warning has been declared. Conditions do change and equipment can fail when you need it most. During the “no-name Storm” of 2000, the 22
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County had very little flooding of pits due to failed pumps, and those were the only units damaged. Close up all vents and openings in top of hoistway and machine room to prevent water from intruding. While this procedure appears obvious, it should be noted that adequate ventilation for the elevator machinery is necessary. If the machine room is air-conditioned you shouldn’t have vents for the machine room, unless for emergencies. If you depend on ambient ventilation (powered or passive) this should be done really at the very last stages of your facility preparation, as the equipment can heat up much faster than you might think. Hoistway ventilation is not as critical and close-up can be performed earl on. It is a risk for fire protection, so this should not be done semi-permanently. Put it on before a storm and take it down after the storm has passed. It is preferable to have a permanent means of preventing water from intruding this space installed in such a manner as will still allow ventilation, such as a hood over the exterior vent grilles. It should be noted that not all hoistway vents may be readily accessible and permanent covers or hoods should be designed and installed prior to hurricane season to prevent driving rain from entry. Since hoistway vents are at
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hurricane plan continued equipment. Except where there is a basement, then the traction elevator should be parked two floors below the top. Hydraulic elevators should be parked at the top floor to minimize damage to the car equipment, unless the elevator entrances are open to the atmosphere in unenclosed elevator lobbies, then the best place is the middle landing (or top for two stops) to best protect the piston. Disconnecting the power serves three purposes: 1. It prevents an unauthorized person from otherwise taking the elevator away from your intended parking area. 2. It prevents severe damage to equipment caused by short circuits from we circuitry. Usually once the equipment is dried out it can be quickly cleared and re-started by a competent mechanic; with little or no damage. 3. The equipment will be saved from damage caused by voltage surges, spikes and dips resulting from lightning strikes and powerline shorts due to wind.
the top of the shaft, they may be readily accessible from the roof of the building. If not, a cover may be installed from the inside, either by your elevator contractor or properly qualified building maintenance personnel. Elevators that are open to the atmosphere should have sandbags placed all along bottom of Hoistway doors. Since this procedure would effectively render the Elevator unusable, it is recommended that this procedure be the last preparatory act, just prior to shutting the elevator off. This procedure is necessary where the elevator entrances are open to the atmosphere such as in parking garages, housing facilities with open breezeways, pedestrian bridges and other specialized facilities such as the Metro Rail stations. All material stored outside the metal elevator machine room should be relocated to a safe location.
DURING HURRICANE Run elevator to center of hoistway and pull the main breaker in machine room (not the main breaker located elsewhere). This should actually be the very last thing you do during the warning phase, just before you evacuate the building. Buildings so designated as “hurricane safe�, which will house some personnel, should perform this just before the winds rise above 45 MPH. It is recommended the middle of the hoistway as a compromise. The best location is just below the top landing for most traction elevators to protect both the elevator, and the counterweight 24
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Park elevators with doors closed. Although this is fairly selfexplanatory, there are several reasons: 1. If windows break on the floor the elevator is parked, you will prevent debris from entering the hoistway. 2. On hydraulic elevators, it is normal to have some oil leakage around the jack packing. An elevator that sits for 24 or more hours may settle as much as a couple of inches, or more. An open door would only invite problems as you can imagine. 3. We do not want anyone to get inside and close the doors manually and perhaps become inadvertently trapped. Do not run the elevator during hurricane. Although this should be self-evident, we occasionally hear about people who were trapped during the storm. These are usually either due to building management not having properly secured the elevator, or building management trying to effect emergency repairs to the building.
AFTER HURRICANE Inspect elevator pit, cab, machine room for indications of water. (Do not energize main line breaker if water is found). If water is found, call your Elevator Contractor. We do not want to energize the main line power until it can be determined whether or not the water poses a hazard to life or equipment. Obviously this is an instance in which good judgement is necessary on the part of building management. If there is any doubt, contact your elevator contractor. Generally, if the water encountered in the pit is minimal, and is not near any equipment in the pit, the elevator may be run. If water leaked under the door or through a vent in the elevator machine room, and there is no water on the equipment or signs
of water having been on the equipment, then it may be safe to run the elevator. If water is in the cab and it did not leak in from above, the elevator may be run. If water conditions appear above the cab or on any part of the equipment do not run it until it can be properly evaluated. Those buildings with basements need to take special precautions. Do not run the elevator at all, until you have checked the basement. If the elevator gets called to the basement and it is flooded, the occupants are helpless and can drown. Do not attempt to start elevator (or call for service) if power is out. Obviously, if you do not have electricity you do not want to call your elevator contractor while you are still without power. However, there may be some condition where you still don’t want to call. If your building has a generator and the elevators (or some of them) are not connected to the generator, you don’t want to call until the generator shuts off and all normal power is restored. The important issue here is all normal power; there may be a condition where some lights are on in the building, and some are not. This may be caused by the loss of one or more phases, or “legs”, of three-phase power. Without all three phases in our commercial building, the elevators will not run. Some elevators may not be equipped with a phase or voltage monitor and trying to start it will result in damage to the equipment, which would not be covered by our maintenance agreements. Likewise, if you call for service and there is no power, you will pay extra for the trouble call.
an appropriate designated shelter. It would be important to be sure that elevators were not shut down before shelters were opened. Reasonable accommodation might include insuring that shelter(s) on lower floors in your building that may be provided generally for tenants, are accessible for people with disabilities who choose not to leave the building. Reasonable accommodation would not include operating the elevator at a time when it is not safe to do so. Determining when to shut down elevator equipment before the storm is a judgement call that must balance the needs of people who cannot climb stairs with the need for safety and the need to preserve the equipment so that it will be available after the storm. It is not safe to use an elevator during a hurricane, and such use should not be allowed for anyone. After the storm, elevator service should be restored as quickly as it can be safely accomplished.
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SPECIAL CONSIDERATIONS Usage of equipment and availability of equipment for people, including people with disabilities, who are unable to climb stairs. Obviously one must take into account the effect that unavailability of elevators, both before the storm and after, will have on people who cannot climb stairs. Building occupants should be notified in advance regarding the policy to shut down the elevators prior to the storm and, if feasible, should be notified again when the actual time that the elevator will be shut down has been established. The ADA requires reasonable accommodations for people with disabilities. That might include giving people who cannot climb stairs the opportunity to register with building management to insure that they are notified before the elevators are shut down. Reasonable accommodation might include making tenants with disabilities aware that they can get information about County shelters, including special needs shelters. Reasonable accommodation might include letting tenants know when they would need to plan to leave the building to be sure that they would have elevator service to the ground floor in order to get to
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welcome new members! BUSINESS PARTNERS Contours Landscape Solution Mr. Nathanael T. White Luke’s Landscaping Mr. Steven Peters Next-Gen Surfacing Solutions Mr. Don Morehouse, Jr. Orange Lien Ms. Allison Smith Seminole Access Technologies, LLC Mr. Jonathan De Sormoux The Florida Legal Advococy Group, P.A. Mr. Stanley Plappert
MULTI-CHAPTER BUSINESS PARTNERS American Momentum Bank Mrs. Heather Karamitsos Atlantic Southern Paving and Sealcoating Mr. Gordon Young Crown Roofing, LLC Mr. Christopher Copeland Dragonfly Pond Works Mr. Tom Willson
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EarthBalance Corporation Mr. Scott Wade Midway Services Utilities, Inc. Mr. Steven Tilka
MANAGEMENT COMPANY The Bridlewood Real Estate Company, LLC Ms. Elaine Gardner-Lott
MANAGER MEMBERS Ms. Julie Hoffmeyer Mrs. Lisa Marie Stofcik Mr. Landon Wells Anytime Property Management Services, LLC Ms. Doris Myers Community Management Professionals-Orlando Mr. Ronald Shipwash Community Management Professionals-Orlando Mr. Derek Lovett Mattamy Homes
STUDENT MEMBERSHIP Ms. Marisol Pallante
MANAGER MEMBERS Mr. David Anderson Celebration Residential Owners Association, Inc. Mr. Paul Collins Celebration Residential Owners Association, Inc. Ms. Debie McDonald Celebration Residential Owners Association, Inc. Mr. Jack Mclaughlin Celebration Residential Owners Association, Inc. Mr. Eric Oppegaard Celebration Residential Owners Association, Inc. Mr. Tim Swisher Celebration Residential Owners Association, Inc. Mr. Leonard Timm Celebration Residential Owners Association, Inc.
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asphalt surface treatment BY GABBY DANCE, WHITAKER CONTRACTING CORPORATION
PHOTOS COURTESY OF WHITAKER CONTRACTING
W
ith a booming economy and tourism industry attracting millions of visitors a year, Florida needs smooth and safe roadways to keep travelers safe. Luckily, Whitaker Contracting Corporation is stepping in with an affordable solution. Founded in Guntersville, Alabama, the company is helping Florida businesses and municipalities save money and reduce their carbon footprints through pavement preservation with its asphalt surface treatment, High Density Mineral Bond (HA5). Pavement preservation is the proactive maintenance of roads to prevent them from getting to a condition where major rehabilitation or reconstruction is necessary. Preventative maintenance costs are more economical than the ultimate repair cost.
reflect and combat strong ultraviolet rays, which accelerate pavement deterioration. Some of the benefits of installing HA5 include significantly extending pavement life, lowering the cost of pavement ownership and management, and having no loose aggregate or grainy residue on the surface after installation. With more than 160 million square feet installed, HA5 is the choice pavement preservation technique of over 80 public agencies across the southeast and has proven results beginning with the Alabama Department of Transportation and growing across the region.
PROVEN BENEFITS According to Jim Boxold, former secretary of the Florida Department of Transportation and Chief of Staff to Governor Rick Scott, HA5 solves an often-ignored problem.
HIGH DENSITY MINERAL BOND (HA5) HA5 provides an armor-like shell with high durability that extends the life of asphalt binder by resisting oxidative deterioration. It combines uniquely emulsified asphalt with a near-neutral charge that is able to hold an exceptionally high concentration of specific fine aggregates and other components that resist deterioration. HA5 also includes limited amounts of specific polymers to 28
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“We all need to develop a sense of urgency about pavement preservation,” Boxold said. “Whitaker Contracting brings a proven innovative solution to you with HA5, which also saves you money.” Saving money is one of the main attractors for many to install HA5. It costs more than 10 times more money to reconstruct damaged
pavement than it does to perform preventative maintenance. HA5 installations are also backed by a five-year warranty. Preventing future reconstruction is also more environmentally conscious, something many modern businesses can get behind. Avoiding future repairs can dramatically reduce a project’s carbon footprint.
The state’s continually-growing economy can also benefit from pavement preservation. Residential areas and businesses looking to upgrade their safety and aesthetic appeal can expect a longer pavement life after installing HA5. Saving money never hurts either, especially with public works departments having to do more with less.
A NAME YOU CAN TRUST Installing HA5 also keeps pavement looking smooth. This service is primarily used in residential areas, businesses and parking lots, so visually appealing roads are important.
Whitaker Contracting is celebrating its 60th year of experience in its industry. As a licensed, bonded and insured company, it has built a trusted brand with high customer satisfaction rates.
“It (HA5) is preserving roads and structures, and homeowners look at things from an aesthetic point of view,” said Linda Byrd, director of business development for Gardens Gilbert, a residential area in Phoenix.
The company employs a team of highly trained professionals and is equipped with modern, heavy-duty machinery, such as those used for HA5. For HA5 to be properly installed, specialized equipment is required that can uniformly disperse the material. Whitaker Contracting’s team and resources make the installation of HA5 easy and time efficient.
Byrd said installing HA5 has been great for business because uncracked, beautiful roads are more likely to attract residents.
TESTED FOR PERFECTION HA5 has been independently tested by Nolte Engineering and proven to be the superior option to competing pavement seals such as slurry seals, on residential roadways and parking surfaces.
For more information, contact Whitaker Contracting Corporation at 813468-4576 or visit www.whitaker-contracting.com.
In a 2009 study, a group compared the oxidative damage of an 11-year-old asphalt street with HA5 to a nearby street of the same age without HA5. The pavement with HA5 installed had 400 percent less cracking than the pavement without HA5.
CROSSING STATE BORDERS Whitaker may have started as a small-town company, but its business has no borders, as its advanced pavement preservation technology has been sought after by customers around the country. Recently, Whitaker has installed HA5 in multiple southeastern states, and HA5 has been installed in over 20 states from Florida to California. Its clients, ranging from school districts to residential areas, have raved about the results. Recently, Whitaker has expanded its services to Florida. It has already completed projects in many Central Florida areas, including the city of Margate and St. Lucie County. Florida’s tropical climate can be detrimental to bare pavement, making communities in the state ideal candidates for HA5 installation.
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Serving Central Florida’s Communities for More than Three Decades
K. Joy Mattingly, Esq.
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Customized Collection Strategies for Your Community 36 Attorneys Devoted to Florida Community Associations Award-Winning Team of Construction Defect Litigators Free Guidebooks, Blogs, Newsletters & Classes to Assist You CARE—Our Dedicated Customer Service Department
Harry W. Carls, Esq. Elizabeth A. Lanham-Patrie, Esq. hcarls@bplegal.com 407.875.0955 Orlando
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Committed to our communities For 30 years, BB&T Association Services has provided solutions specifically designed to meet the needs of property management companies and community associations. You can count on us to be your trusted partner. BBT.com/AssociationServices
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CUSTOM RESERVE STUDIES
Banking solutions to help your communities thrive At Union Bank®, we offer customized banking and lending solutions to meet the unique needs of the community association industry. Learn how we simplify banking and the financing of your projects at HOAbankservices.com. Amanda Orlando, CMCA® Regional Account Executive 386-424-0830 amanda.orlando@unionbank.com
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CAI CENTRAL FLORIDA CHAPTER MEMBERSHIP BENEFITS In addition to the many perks associated with a National CAI Membership, your local Central Florida Chapter offers even more value and engagement to its members:
HOMEOWNER VOLUNTEERS
COMMUNITY MANAGERS
If three members from the same board join the chapter, your first year of membership dues are FREE
CAICF will pay for HALF of your manager tuition fees for required education credits
MANAGEMENT COMPANIES
BUSINESS PARTNERS
Company recognition & networking Maximize business brand opportunities with current & recognition & enjoy exclusive potential clients, as well as face-to-face networking industry-specific business partners opportunities with potential clients
LOCAL CHAPTER EDUCATION AND NETWORKING EVENTS Quarterly Board Certification classes CEU credit hours at specified luncheon events Participation opportunity at the Annual Golf Outing Invitation to the Summer Social & 2015 Holiday Awards Gala Admission and exclusive perks at one of the best community association tradeshows in Central Florida
Opportunity to attend and speak at panels, Q&A sessions, education classes, and Business Roundtable events Participation & sponsorship opportunities at the Annual Golf Outing Invitation to the Summer Social & 2015 Holiday Awards Gala Admission, exclusive booth vendor pricing, and sponsorship opportunities at one of the best community association tradeshows in Central Florida
Professional Designations & Certifications Local Professional Management Development Program Classes Quarterly Board Certification classes CEU credit hours at specified luncheon events
ACCESS TO SPECIALIZED COMMUNITY ASSOCIATION SERVICE PROVIDERS Online service directory Personal interaction at monthly events Panels and Q&A sessions
SPONSORSHIP & MARKETING OPPORTUNITIES In addition to brand recognition, sponsors enjoy benefits like a free booth at the trade show, advertising opportunities, first consideration at speaking events, discounted pricing for future sponsorships and events & advertising on the chapter website Inclusion in the Service Directory
INCLUSION IN ONE OF THE LARGEST CHAPTERS IN THE US ENCOMPASSING OVER 7,500 HOA & CONDOMINIUM ASSOCIATIONS IN MARION, VOLUSIA, SEMINOLE, ORANGE, BREVARD, OSCEOLA, POLK, LAKE & SUMTER COUNTIES!
Interested in joining the CAI Central Florida Chapter? For assistance or more information, reach out to the Executive Director by calling 407-850-0106 or e-mailing at exdir@caicf.org. To join now, visit www.caionline.org for membership categories and dues. Prior to joining online you will be prompted to log in or create an account. Membership dues are non-refundable.
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THANK YOU TO OUR 2017 MEDALLION MEMBERS! platinum
Access Management Alliance Association Bank Angius & Terry, LLP Arias Bosinger Asphalt 365 Asphalt Restoration Technology Systems Assured Partners BB&T Association Services Becker & Poliakoff, P.A. BrightView Landscaping Capital Land Management Dragonfly Pond Works Driveway Maintenance Enviro Tree Services Garfinkel Whynot Association Law
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