Central Florida Times | 4th Quarter 2021

CENTRAL FLORIDA TIMES

CAICF.ORG | 4TH QUARTER 2021

ASPHALT

4TH QUARTER 2021

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

2022 BOARD OF DIRECTORS Frank Ruggieri, Esq., President Jarad Pizzuti, Vice President Jessica Cox, Secretary Leslie Ellis, CPA, MSA, CGMA, Treasurer Matt Vice, Past-President Tracy Durham, CMCA, AMS, CFCAM, PCAM Donna Lendvay Lynne Sadowski Tom Wheir Ken Zook

A Message from the President Dear Valued Members, Happy New Year! I truly hope you had a joyous and memory-filled Holiday Season!

A Fourth Quarter message is always one of hope for what the New Year might bring.

At the same time, this year’s message is bittersweet in light of the recent passing of our beloved colleague and friend, Chuck Strode. I first met Chuck at CA Day roughly twenty years ago, and I was always inspired by Chuck’s heartfelt dedication to our industry and this Chapter specifically. I know we will all miss Chuck dearly.

2022 certainly feels like a new beginning, mostly because it feels like our world is in a unique position due to the pandemic. We are all anxious to put it behind us, and it feels like that just might happen in 2022. At the same time, continuing challenges, including variants, are a reminder that covid may stick around for a while. It also feels like a pivotal moment of change, with new developments like cryptocurrencies and the metaverse causing some of us to employ Google just to find out what folks are talking about.

Maybe it’s just the New Year, but this point in time feels different. I get the sense we are on the verge of a new chapter in our history, with the future being as cloudy as it ever was. The New Year is a time to look back as much as it is to look forward, but we should never allow the comfort of what we know keep us from exploring what’s around the corner. May your 2022 be a prosperous one, and one filled with new beginnings.

Sincerely,

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

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FROM THE CED

Chapter News

BY REINI MARSH, CHAPTER EXECUTIVE DIRECTOR

I

t has been a great year for the Chapter, and we have more exciting things coming in 2022. The CAI National Convention will be coming to Orlando the first week of May. Every PMDP class will be offered and there will be volunteer spots open for the convention. Volunteers will have an opportunity to experience a bit of the conference. We will be hosting the Chapter Party on Thursday, May 5th. That also means that we will have a committee in 2022 to help plan the party.

Our first bowling event in September, the Toga Bowling Tournament, was a huge success and a good time was had by all. Yellowstone Landscaping was the winner! Thank you to everyone who wore a toga. This will become an annual event, so stay tuned for that.

Our Lumber Jack and Jill Annual Meeting & Holiday Party in December was also a great event and I don’t think I have ever seen so much plaid. We do love our costumes at CAI. I heard that there were several of you that got the hang of axe throwing pretty quickly; I hope you had fun.

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Three of the Board Members were re-elected for their second terms.

Please join me in welcoming back, Frank Ruggieri, Leslie Ellis and Jessica Cox. Mr. Ken Zook of Waterford Lakes was also voted back onto the Board and we happily welcome him.

The Chapter lost a valued CAI Board Member this year. Chuck Strode passed away in his sleep on November 4th and his loss is felt keenly by all our members. Chuck was a long time supporter of CAI, he was a Past President of the Chapter and was known to many. From managing Orange Tree to working at Associa then Premier Association Management, Chuck was an extremely talented community association manager. He was on the Trade Show Committee and also was Board liaison to the Meet the Managers Committee. There will be a Celebration of Life and Chuck Strode Art Exhibit on January 9th from 1pm-4pm at Dubsdread.

Once again, thank you to all our members for your continued support of our Central Florida Chapter and I look forward to seeing you all at upcoming events in 2022.

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CHAPTER UPDATE

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!

• January 6th: Monthly Luncheon Meeting - Committees presented by Erik Whynot. Registration begins at 11:30am and the program begins at 12pm. Manager Members and Homeowner Leaders are FREE and Business Partners are $30.

Click here to register.

Attend this unparalleled networking opportunity and share your strategies with peers and learn new solutions from experts in the industry.​Dig deeper into the topics that impact, influence, and inspire your communities and business. Our exceptional line-up of education sessions promises to deliver content to help you engage and excel personally and professionally. Click here for more information.

• January 9th: Chuck Strode’s Celebration of Life & Art Exhibit at Dubsdread from 1pm-4pm. Click here to RSVP.

• May 5th: CAICF Chapter Party at the National Conference • February 11th: 2022 CA Day & Trade Show: Celebrating Communities in Our Own Backyard at the Marriott World Center in Orlando from 9am-3pm. The day will include education classes and the annual themed trade show, followed by the Key West After Party ($50 per person) from 3:30pm6:30pm. More information and registration for sponsorships and booths is available on pages 20-23 and on caicf.org.

• June 2nd: Monthly Luncheon Meeting • July 14th: Meet the Managers • August 4th: Monthly Luncheon Meeting • September 1st: Monthly Luncheon Meeting

• March 3rd: Monthly Luncheon Meeting • September TBD: Toga Bowling Tournament • April 7th: Monthly Luncheon Meeting • October 6th: Monthly Luncheon Meeting • May 4th-7th: CAI National Annual Conference & Exposition: Community NOW in Orlando. Join us at the industry’s largest event for managers, management company executives, community association homeowner leaders, and service providers. Over the past 19 months, you’ve discovered new ways to conduct business and manage your communities.

• October TBD: Annual Golf Tournament • November 3rd: Monthly Luncheon Meeting • December 1st: Annual Meeting & Holiday Party

SPONSOR AN UPCOMING CHAPTER MEETING IN 2022!

Each sponsor for the Chapter Meetings receive face time in front of the membership with the microphone to talk about your company.

You will also be able to put give-away items and collateral on all the tables. Space is also provided for our sponsors to display their marketing materials. Every sponsor is important to our chapter and your generous donation goes directly to off set the costs of the program. Only three sponsors are permitted per program. Please consider sponsoring today!

CONTACT REINI MARSH AT EXDIR@CAICF.ORG OR 407-913-7777 6

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LOOKING FOR A SERVICE PROVIDER? CAI Central Florida has a list of great service providers in most every industry a Community Association could need! The best part is, they are members! Check it out at: caicf.org/directory.

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EDUCATION

Upcoming Orlando Workshops & Virtual Education Classes

COMMUNITY CONNECTIONS WORKSHOP SERIES This series is hosted in partnership by Orange County Neighborhood Services Division and the City of Orlando Office of Communications & Neighborhood Relations. The workshops are free to all.

HOA & Condo Board of Directors Certification Training Saturday, January 8th from 9am-11am Serving on an HOA or condominium association board requires Florida’s certification compliance within 90 days of being elected.

Participants will be provided with a broad overview of the many responsibilities and areas of oversight required by condominium and homeowners’ association board of directors. Learn about condominium and HOA operations, records maintenance and owner access to records, dispute resolution options, budgets and reserves, election requirements and financial reporting. Click here for the workshop information and to register on Eventbrite.

Strengthening Neighborhoods through Partnerships Saturday, February 12th from 9am-11am Successful partnerships benefit and strengthen a neighborhood.

This workshop focuses on best practices, strategies, and ideas for forming positive partnerships among neighbors, neighborhood organizations, businesses, community organizations and local government. Participants will walk away with a template to help create partnerships to address neighborhood concerns. Click here for the workshop information and to register on Eventbrite.

Get Out & Play: Are You Taking Full Advantage of Your City and County Parks?

Saturday, March 12th from 9am-11am The City of Orlando and Orange County provide more than 250 parks 8

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for your recreational pleasure. Do you know which park you can rent an overnight cabin in or where to pet goats, or where you can catch a BMX bike race? Both the city and county parks offer programming, services and resources for individuals, families, youth and seniors.

Join for an on-site park tour and explore what your local parks have to offer. Click here for the workshop information and to register.

EDUCATION FOR MANAGERS CAI offers many online and virtual learning opportunities for community managers (listed below, click the dates for links to registration). View the 2021 Education Catalog for more resources.​ » January 13-14, 2022 - M-100: The Essentials of Community Association Management (Live Virtual Class) » January 20-21, 2022 - M-201: Facilities Management​ (Live Virtual Class)​ » January 26, 2022, 2-3 p.m. ET, Live webinar (additional details available soon)​​ » ​February 3-4, 2022 - M-202: Association Communications (Live Virtual Class) » ​​February 17-18, 2022 - M-350:​Manager and the Law (Live Virtual Class)​​​​​ » March 3-4, 2022 - M-100: The Essentials of Community Association Management​​ (Live Virtual Class)​​ » March 17-18, 2022 - M-204: Community Governance​(Live Virtual Class)​​ » March 24-25, 2022 - M-205: Risk Management​(Live Virtual Class)​​​ » March 31 - April 1, 2022 - M-206: Financial Management​​​ (Live Virtual Class) » ​​April 21-22, 2022 - M:100 - The Essentials of Community Association Management (Live Virtual Class​)

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LAKE & POND

3 Common Lake & Pond Management Misconceptions

BY TRENT NELSON, AQUATIC SPECIALIST, SOLITUDE LAKE MANAGEMENT

As

an Aquatic Specialist with more than a decade of experience, I’ve assisted hundreds of property managers with their lake and stormwater pond management needs over the years. Despite the diverse types of lakes and ponds they oversee, I’ve noticed that many clients have the same set of concerns or misconceptions about their waterbodies.

These often come to light as we work together to design a freshwater management program. Let’s take an in-depth look at some of these common assumptions.

1. LAKES AND PONDS ARE PERMANENT FIXTURES IN THE LANDSCAPE While lakes and ponds can be long-lasting features in our communities, they are not permanent. They fill with sediment that erodes from the shoreline or flows in during rainstorms.

Weed growth and decomposition may lead to the development of muck. And trash, tree branches, and other pollutants can build up over time.

The aging of a lake or pond is a natural phenomenon, but can be highly accelerated through human activity and industry, reducing a waterbody’s life by decades. If left unmanaged over the years, 10

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your waterbody could eventually fill up until it becomes a marsh or puddle. This is a process called lake and pond succession.

The best way to prevent this inevitable decline is through proactive, ongoing management aimed at reducing erosion, nutrient pollution, muck development, and nuisance aquatic vegetation. These benefits are two-fold. In addition to prolonging the depth and overall lifespan of your lake or pond, you’ll also help prevent problems like algae, toxic cyanobacteria growth, bad odors, murkiness, invasive species infestations, fish kills, and more.

2. HERBICIDES POSE A DANGER TO NONTARGETED PLANTS AND ANIMALS The most eco-friendly and long-lasting lake and pond management programs lean on holistic, natural solutions, but sometimes herbicides and algaecides are necessary to set your waterbody up for success. Herbicides tend to be a point of concern for property owners, but I’ve found that once they better understand the strict scientific processes surrounding the use of herbicides, their fears are alleviated.

Continued on page 12

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LAKE & POND

Herbicides used in the lake management industry are designed to exclusively target specific weed and algae species without impacting desirable plants and animals. They do so by interfering with the unique growth mechanisms identified in nuisance species that are not found in beneficial ones. Likewise, the concurrent use of ecofriendly compounds called surfactants helps confine herbicides and algaecides to the affected area without migrating elsewhere.

Historically, herbicides have been applied by licensed professional ground crews, but new industry technologies like drones are making it possible to remotely apply products with more accuracy and efficiency, particularly in areas that are hard to reach or unsafe to navigate by foot.

different goals and budget requirements. That’s why freshwater management programs are most effective when customized for your unique aquatic environment.

All herbicides must be evaluated and registered by the Environmental Protection Agency (EPA). In addition to collaborating with scientific authorities throughout the US, the EPA also carries out bilateral cooperative programs with the World Health Organization (WHO) and many other countries around the world. Once approved, all herbicides are subject to compliance monitoring and periodic reevaluation processes to ensure lasting safety and success.

3. ALL FRESHWATER MANAGEMENT PROGRAMS ARE THE SAME

The management of lakes and ponds is truly a science and should be treated as such. When considering a management program, look for a freshwater management firm that prioritizes getting to know you and your aquatic ecosystem before implementing any services. Seek out an Aquatic Specialist who is educated about the responsible use of herbicides and is capable of sharing that knowledge with you in a clear manner. Our lakes and ponds are valued features that our communities rely on every day. If you oversee the management of these water resources, make sure you’re investing in both the present and its future.

It’s not uncommon for a property manager to assume that the solutions used on a friend or colleague’s lake or pond will work on theirs. Unfortunately, there’s no one-size-fits-all approach to lake and pond problems because no two aquatic ecosystems are the same.

Trent Nelson is an Aquatic Specialist at SOLitude

Typically, the program design process begins by establishing a baseline of your waterbody through a visual survey of the property and comprehensive water quality testing. Your Aquatic Specialist should work with you to identify the challenges your aquatic ecosystem is facing and determine the best course of action based on your needs and limitations. And because all of these factors can change over time, these conversations should continue on a regular basis.

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4T H QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

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BUDGETING

Association Budgeting Thoughts From A CPA

BY JEREMY NEWMAN, CPA, NEWMAN CERTIFIED PUBLIC ACCOUNTANT PC

B

udgets! Is it that time of year again? Why does it feel like there is so much to do? Are you starting from scratch every time you prepare your association’s budget? Start early and work continuously throughout the year to take the sting out of budgeting. Your annual budget process should be a fluid year long continuous collection of decisions, document gathering and projections. Why wait until your community manager says it is time to start the process?

At our firm, we recommend association boards retain a permanent budget file containing governing documents, prior year and current year budgets (including detailed calculations and supporting documents), current year activity, information, documents, notes, minutes, conversations with vendors, recommendations, cash flow analysis, hopes, fears, surveys, reserves projections and deferred maintenance information. There are many other things to consider as well!

• How much cash to do you have now?

• How much cash will you have by the beginning of next year?

• What does your reserve study show?

• Do you have deferred maintenance?

• Are your owners complaining about the condition of common areas?

• Are the common areas and components appealing to current and prospective owners?

• What are the economics of your owners?

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As with any governing group, spending aspirations generally far outweigh cash projections. Are you back to square one, doing the same type of budget as in previous years? Not an easy task.

As with most things, starting the process early is vital to the success of the project. At our firm, we recommend that boards, finance committees, managers, maintain a file that is continuously open for documents and information so when you reach “budget season” you are ready. You have most of the information you need. What might you keep in the file? Some thoughts: • Committee and Board meeting minutes.

• Vendor contracts.

• Vendor feedback about price changes, scope changes, recommendations.

• A list of things that changed in the current year when compared to previous years, including what was budgeted for the current year.

• Ideas, thoughts for next year.

• Comments from owners. Maintain a file or list of requests, complaints, and suggestions from your constituents. What do people want and/or expect?

• Use fees records: clubhouse rental, other rentals, move in/out fees, laundry income. Is there scope to increase rates?

• What is the cash position each month?

Continued on page 16

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BUDGETING when they are billed to owners, are they collectible? Close analysis of the aged receivables report, owner ledgers and collection efforts are required to determine collectability and conversion to cash.

Cash is what you are looking to maximize to be able to afford your expenses wish list.

EXPENSES Operating expenses are the day-to-day expenses associations incur to keep operations moving. Utilities, management fee, legal fees, landscaping, security, pool maintenance, pest control, repairs and maintenance (non-reserve study), administrative expenses.

Did you have any surprise expenses during the current year? Should you budget for such expenses again for next year? Ensure your budget permanent file includes sufficient detail of these expenses for you to make good decisions about next year. Perhaps you need to include a contingency percentage or amount in various expense categories for the unexpected.

• Does the association contribute to reserves every month? Is

•

• •

•

there a fundamental financial challenge making reserves contributions?

Does the association have any assessments collections issues that are significantly impacting cash flow? Maintain a receivables status log.

Photos of common areas, structures and projected repair/ replacement costs.

Notes comparing the latest reserve study cash needs and timing of expenditures to actual results. Maintain a separate Excel schedule.

Which areas or accounts from last year’s budget have seen actual revenues and expenses vary considerably from projections. Why? What does the item look like going forward?

REVENUES Revenues includes monthly assessments, compliance income such as late fees, violation fees, delinquent account interest income; bank interest income, ancillary income such as rentals, services, per use fees. Understand the nature of each revenue stream.

Basis of accounting: Make sure you know how revenues are recorded in the monthly financial statements you are reviewing and relying on to help with future revenue projections. Under the cash basis, what is recorded is what was received. Under the accrual and modified accrual bases, your revenues are what was billed, not necessarily what was received. Keep an eye on your receivables to see how much is still to be collected. Is it all collectible?

Are compliance fees collectible or does the Board end up writing off balances or simply being unable to collect? Actual revenues presented on your association’s income statement may not be 100% collectible. If compliance fees are recorded on the accrual basis, 16

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CASH FLOW Knowing the status of your association’s available cash balances is paramount to understanding how much money you will need for next year. If cash is low and delinquencies are high and increasing, there will be increased pressure to reduce costs and preserving cash. Understand state and governance restrictions on increasing assessments. You may need to obtain member approval for a special assessment to fund an operating deficit.

AMOUNTS OWED FROM THE OPERATING FUND TO THE RESERVES FUND When funds borrow from each other, Boards should and are generally required to prepare and document a plan to repay balances. Boards should budget for repayments. Perhaps the operating fund owes the reserves funds for unpaid budgeted assessments contributions but operating cash is so low the operating fund is unlikely to be able to repay the amount it owes to reserves. Perhaps it is time to recalibrate.

Discuss treating the unpaid balance as a non-cash transfer between the funds. You should review any state or governing document requirements.

There are so many things to consider when preparing your association’s annual budget. It is very challenging to complete the process over a few short months. Find a system of retaining documents, ideas, thoughts, suggestions, requests, calculations, information that will help you throughout the year and at budget preparation time.

Jeremy Newman, CPA is the owner of Newman Certified Public Accountant PC and provides audit and tax services for community associations. For more information, email jeremy@hoacpa.com or visit www.hoacpa.com.

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LSM CREDENTIAL

Central Florida Member Earns Top Industry Professional Credential

N

eil Bresnahan recently joined an elite group of community association managers who have earned the Large-Scale Manager (LSM®) credential from Community Associations Institute (CAI). Bresnahan is one of fewer than 70 managers worldwide who have earned this prestigious designation.

Neil has been a dedicated Community Association Manager since 2007, having served as a portfolio and onsite manager in DallasFort Worth, Houston, San Antonio, and Orlando. He takes great pride in being an innovative change agent for his clients, dedicated to achieving extraordinary business results despite unpredictable market limitations and challenges. As a lifelong volunteer, Neil has also been the President of a CAI Chapter and served in many volunteer leadership roles across multiple CAI Chapters in his career. Outside of work, Neil is a staunch supporter of the Special Olympics, with roles ranging from fundraiser, advocate, and Coach.

CAI is an international organization dedicated to building better communities. More than 60 million Americans live in an estimated 315,000 association-governed communities.

To earn the specialized LSM credential, managers must have 10 years of experience in community association management and complete more than 100 hours of course work. They must also have earned the industry’s highest credential, the Professional

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Community Association Manager (PCAM®) designation.

Continuing education and adherence to a code of ethics are also required.

“Professionals who earn CAI credentials maximize the value they can provide to their community association clients,” said CAI Chief Executive Officer Thomas M. Skiba, CAE. “Not only have these professionals demonstrated a personal commitment to self-improvement, but they have also elevated their practical knowledge and expertise. That’s what all community associations need, and what board members and residents deserve.”

Professional managers provide administrative, operational and managerial counsel to the boards that govern homeowners and condominium associations. Managers typically are responsible for managing budgets and contractors, directing association personnel and overseeing compliance with association covenants and restrictions.

CAI and its 60 chapters work on behalf of the professionals and volunteers engaged in the management and governance of homeowner and condominium associations, cooperatives and other planned communities. CAI’s nearly 32,000 members include community association volunteer leaders, managers, management companies and businesses that provide products and services to these communities. More information is available at caionline.org.

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2022 CA DAY & TRADE SHOW

Celebrating Communities in Our Own Backyard FEBRUARY 11, 2022 | 9AM-3PM MARRIOTT WORLD CENTER IN ORLANDO

EDUCATION CLASSES & TRADE SHOW

Key West After Party | 3:30pm-6:30pm VISIT CAICF.ORG FOR MORE INFO & TO REGISTER 20

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Booths

VISIT CAICF.ORG TO REGISTER

NO REFUNDS 30 DAYS PRIOR TO EVENT

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**Any request for special circumstances/arrangements for accommodations on the Trade Show floor need to be addressed and approved by the hotel.**

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2022 MEDALLION BOOTH DISCOUNTS

PLATINUM $1,000 Discount GOLD $500 Discount SILVER $250 Discount

TRADE SHOW ENTRANCE REGISTRATION

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REGULAR - 10X10 $1,000 - Members (2 Exhibitors) $2,100 - Non-Members (2 Exhibitors) PREMIUM $1,500 - 10x10 - Single (2 Exhibitors) $2,300 - 20x10 - Double (4 Exhibitors) Additional Exhibitors: $40 each

Sponsorships Items Below Subject to Change without Notice

Key West After Party Sponsors $3,000 - 2 AVAILABLE

» Logo and company name on select promotional materials, Chapter website, and select emails » Full page, full color ad in the Trade Show program » Logo on approximately 17,000 mailers/tickets that are distributed via mail and delivered to board members and CAMs » Two (2) parking passes for day of show » Highlighted as sponsor in the Trade Show program » Sponsor signage at the front entrance and at the After Party » After Party wristbands printed with sponsor’s logo » Privilege of providing beverage napkins with company logo at the After Party event » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

Photo Booth Sponsor $1,500 - 1 AVAILABLE

» Logo and company name on select promotional materials, Chapter website, and select emails » 1/2 page, full color ad in the Trade Show program » One (1) parking pass for day of show » Company name on all photos » Highlighted as sponsor in the Trade Show program » Sponsor signage at the front entrance and at the photo booth » Sponsor recognized at monthly Chapter meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

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Decor Sponsors $2,000 - 2 AVAILABLE

» Logo and company name on select promotional materials, Chapter website, and select emails » 1/2 page, full color ad in the Trade Show program » One (1) free parking pass for day of show » Highlighted as sponsor in the Trade Show program » Sponsor signage at the front entrance and at the Decor area » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

Bar Sponsors $1,200 - 4 AVAILABLE

» Logo and company name on select promotional materials, Chapter website, and select emails » 1/2 page, full color ad in the Trade Show program » One (1) free parking pass for day of show » Highlighted as sponsor in the Trade Show program » Signage at the front entrance and at the Bar area » Privilege of providing beverage napkins with company logo at the Trade Show Bar » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

Sunshine Sponsors $500 - 10 AVAILABLE

» Logo and company name on select promotional materials, Chapter website, and select Chapter emails » Business card size, full color ad in the Trade Show program » Highlighted as sponsor in the Trade Show program » Signage at the front entrance » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in 1,200 Trade Show bags » Sponsor signage in booth

Concession Sponsor Classroom Snacks $2,200 - 1 AVAILABLE

» Greet attendees in the Lobby Area outside the classrooms » Five minutes to introduce your company at the beginning of class » Logo and company name on select promotional materials, Chapter website, and select emails » 1/2 page, full color ad in the Trade Show program » One (1) free parking pass for day of show » Highlighted as sponsor in the Trade Show program » Signage outside of classroom area » Privilege of providing beverage napkins with company logo at the Concession Snack area » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in 1,200 Trade Show bags » Sponsor signage in booth

Classroom Sponsors

Classroom Presenter: $900 Legal Panel Sponsor: $900 CEU Sponsor: $900 Board Certification & Presenter: $900 Board Certification Sponsor: $1,300 SOLD » There is a Classroom Presenter fee of $900 to be on the Legal Panel, be a CEU Presenter or Board Certification Presenter » Exclusive company specific » Business card size, full color ad in the program » Ability to leave marketing material at each seat » Five minutes to introduce your company at the beginning of class » Highlighted as sponsor in Trade Show program » Signage outside of classroom space » Sponsor recognized at the monthly meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

CAM Drinks Sponsor $2000 - 1 AVAILABLE SOLD

UT O D L O S

» Logo and company name on select promotional materials, Chapter website, and select emails » 1/2 page, full color ad in the Trade Show program » Logo on the CAICF Trade Show ad in the Florida Community Association Journal » One (1) free parking pass for day of show » Highlighted as sponsor in the Trade Show program » Sponsor signage at the front entrance and at the Bar area » Sponsor recognized at the monthly Chapter meetings » May provide material to insert in approximately 1,200 Trade Show bags » Sponsor signage in booth

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TREE LIABILITY

Responsibility for Tree Branches & Roots

BY ELIZABETH A. LANHAM-PATRIE, ESQ., BECKER

W

ho is responsible for a tree branch that perilously hangs over a neighbor’s house or yard? Who is responsible for tree roots that are damaging a sidewalk or driveway?

Florida common law provides that a property owner (owner of the tree) does not owe a duty to remove or trim tree branches or roots or other vegetation encroaching onto neighboring property and does not recognize a cause of action for negligence or nuisance for failure to do so. Therefore, the owner of the tree will not be liable for the damage caused to a neighboring property.

With respect to negligence, in 1984, the Third District Court of Appeals recognized a landowner’s right to cut off any intruding roots or branches at the property line. In light of this right, the Court held that there was no right to file a negligence suit for the failure to keep a tree properly trimmed so that it does not extend over and onto another individual’s property.

right to use his property in a reasonable way, that to subject that other to the annoyance, and the public to the burden, of actions at law, which would be likely to be innumerable and, in many instances, purely vexatious.”

Accordingly, even if the trees located on another’s property are the cause of the damage, the only available remedy to the damaged property owner is to protect himself or herself by trimming any roots or branches that encroach across the property line, at his or her own expense. Although the damage was caused by the trees, the owner of the damaged property remains responsible to repair and maintain his or her own property, and as such, liability does not transfer to the tree owner.

Elizabeth “Beth” A. Lanham-Patrie has been

With respect to nuisance, in a 1987 case, the Third District Court of Appeals found that the landowner is not liable to persons outside the land for a nuisance resulting from trees and natural vegetation growing on the land. Further, this Court found that the adjoining property owner can trim back, at the adjoining owner’s own expense, any encroaching tree roots or branches and other vegetation which has grown onto his/her property.

practicing law since 1993, and she has focused on representing community associations since June of 2001. Beth provides a variety of legal services to condominium, homeowner, and cooperative associations and is a transactional attorney with extensive experience drafting and amending governing document, and preparing and reviewing contracts. Beth is also involved in resolving disputes between associations and owners. Ms. Lanham-Patrie is also one of only 190

The Third District Court of Appeals held: “the underlying rationale for this well-settled law is that it is wiser to leave the individual to protect himself, if harm results to him from this exercise of another’s 24

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. For more information, visit beckerlawyers.com, email bpatrie@beckerlawyers.com, or call 407-875-0955.

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Founded in 1973, our attorneys have always been pioneers, boldly breaking new ground and taking unconventional approaches to tough legal challenges. Today our attorneys have tremendous expertise and depth of strength in Community Association and Construction matters.

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BOARD MEETINGS

A

What is a Quorum & Why is it Important?

quorum is the minimum number of owners who must be at a meeting before business can be transacted.

State law tells us what that minimum number is for our association. It’s relatively low, but we still have a tough time getting to it. It’s a common problem in many associations.

Meetings that don’t have a quorum must be adjourned and rescheduled at a later date. This costs the association money and creates more work. And, achieving a quorum at a second meeting—if we couldn’t get one the first time—is even harder.

So, why bother to try again? Because the board is legally obligated to conduct an annual meeting. It’s an important part of conducting association business. During the annual meeting, new board members are elected and the coming year’s budget is presented to the homeowners for approval. No quorum—no election, no budget. This means the current directors will have to continue serving until an election can be conducted. It also means that last

28

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

year’s budget will remain in effect until a valid meeting (one with a quorum) can be held to approve a new budget.

Good news: You can be “at” a meeting and across the country at the same time by signing a proxy! That’s how you assign your vote, in writing, to another person. Proxies count toward the quorum, so they’re very important to the association.

We ask you to complete a proxy form, even if you plan to attend the meeting. That’s just in case something comes up that prevents you from attending. And, when you do attend the meeting, your proxy will be returned to you.

Because proxies are so important to achieving a quorum, you may find us knocking on your door, calling on the phone, or even stopping you in the common areas asking you to sign a proxy form. We’ll do anything to achieve a quorum. Without it, we can’t do business, and eventually that affects you, the homeowner.

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NEW CHAPTER MEMBERS

BUSINESS PARTNERS American Leak Detection Joseph Karl Wetherington Atlantic Southern Paving and Sealcoating Rick Adkison Baker Commercial Landscaping, Inc. David George

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Orlando Alvarado, Jr. Community Management Professionals - Orlando

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The Benefits of Membership Community Managers | Management Company Executives | Homeowner Leaders | Business Partners

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

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❚ E-newsletters, including the personalized CAI@Home with content tailored to your preferences ❚ Member rates for CAI education courses and certification opportunities ❚ 40% off for members on all books and merchandise from CAI Press ❚ Member discount programs on D&O insurance, energy solutions, and rental car service ❚ Member registration rates for national and chapter events ❚ CAI Job Market, the industry’s leading online recruitment service ❚ Free listing on CAI’s online Professional Services Directory

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@CAIsocial (888) 224-4321 www.caionline.org 32

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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.

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4T H QUAR T ER 2021 | CENT RAL FL O R I DA TI ME S

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The Benefits of Membership cont’d.

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

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

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

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

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

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

MAKE THE MOST OF YOUR MEMBERSHIP Visit www.caionline.org regularly for the latest CAI happenings and information.

Log in to the CAI website and your profile to ensure all contact information is current so you don’t miss out on CAI news, emails, and other important updates.

Get involved with your local chapter—attend an education or networking event and maybe even join a committee!

WE’RE HERE FOR YOU Questions? Email the Customer Service Center at cai-info@caionline.org or call toll free at (888) 224-4321 (M–F, 9 a.m.–6 p.m. ET).

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@CAIsocial (888) 224-4321 www.caionline.org 34

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

Enviro Ad-half page.pdf 1 3/12/2020 12:22:01 PM

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We are a privately-owned, certified Majority Woman-Owned Business and have been serving central Florida for over 9 years. Enviro Tree Service has over 100 combined years of professional tree care

experience between our 6 ISA Certified Arborists on staff. Our biologist has 13 years of agency experience and spent over two years providing commercial environmental consulting services. We currently employ over 60 tree care professionals, heavy equipment operators as well as our biologist and Commercial Applicator.

Our scope of work includes tree removals, tree pruning, root pruning & control, palm pruning and planting, cabling and bracing, storm and emergency work, tree surveys, environmental consulting, tree health care services and site clearing and mowing.

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RULES

Safety Tips for Winter Road Trips

P

reparedness is paramount when it comes to road trips year-round, and hitting the road for a long drive during winter months is no exception. With an increased risk of potential driving hazards like sleet, snow, strong winds and frigid temperatures, it’s a good idea to think about ways to ensure you’ll travel safely. Consider the following tips when preparing for your winter road trip.

INVEST IN AN EMERGENCY KIT FOR YOUR VEHICLE Available at most major retailers, these kits are relatively inexpensive and contain items like flares, booster cables, flashlights, ponchos and first aid supplies for minor injuries.

DEVELOP A CONTINGENCY PLAN Create a strategy for dealing with a flat tire, vehicle accident, dead battery or other potential travel delays. Keep a hard-copy list of people or businesses to contact for help should you need it.

STAY IN TOUCH Check in with a designated contact during your journey with updates on your location, delays encountered or unexpected 36

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

situations that require longer travel time. When driving, remember always to pull off the road before using your cell phone.

CHECK THE LOCAL WEATHER REPORT BEFORE HEADING OUT Winter weather can be tricky and forecasts aren’t always accurate.

You can double check your destination’s weather history on a variety of websites to determine typical conditions to expect in that area during your travels.

STORE WARM CLOTHES AND BLANKETS IN YOUR VEHICLE Be prepared to stay warm if you’re stuck for extended periods by keeping a blanket or two in your car. Also, pack a small travel case with snow boots, socks, gloves, a scarf, hat and heavy sweater in case you need to leave your vehicle.

REVIEW YOUR TRAVEL ROUTE WITHOUT GPS Read through detailed driving directions, including alternate routes, so you know your options. Also consider keeping a map handy in case your navigation system is compromised during your trip.

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WATER HEATERS

Water Heater Leaks Common, Costly & Concerning for Condominium Associations

BY STEVEN FIELDING, AQUAGUARD LLC

T

he governing boards of condominium associations worry about many things. Reserves, rules enforcement, insurance costs, maintenance, pets, parking and COVID are on a long list of things that keep trustees and association managers up at night.

Water heaters probably are not always on that list, but they should be. Here are a few hard – or soggy – facts:

percentage of those water damage claims result from water heaters that leak or fail entirely.

It is also safe to assume that if a water heater leaks in a condominium building with attached units, the damage won’t be confined to the unit in which the offending heater is located; the water and the damage will spread to adjacent units and common areas.

• Water damage is one of the two leading property damage risks faced by homeowners, representing nearly one-third of all homeowner claims filed annually, exceeded only by wind and hail damage.

• One in every 50 insured homeowners files a water damage claim every year; the average claim cost is about $7,000, adding up to more than $2.5 billion in insured losses annually, according to the Insurance Information Institute.

• There are no statistics on how many of those claims are attributable to water heaters but 75 percent of all water heaters will fail – usually without warning – within 12 years of their purchase. So, it is probably safe to assume that a sizable 38

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

So, multiply that average $7,000 claim by 10 or 20 units; add the potential damage to common areas; consider the risk of mold (a by product of water damage), the cost of remediating it, and the potential legal liability for the association if mold sickens some residents. Insurance industry analysts report that water damage claims in excess of $500,000 have doubled since 2015; claims exceeding $1 million have tripled in that time period.

Also consider that associations dealing with common area damage will be paying a large deductible and may be filing an insurance claim, which could increase the association’s premium costs. And Continued on page 40

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WATER HEATERS now, perhaps, you begin to understand why water heaters should be on that list of association concerns.

PREVENTING DAMAGE Why do water heaters fail? Age is the primary culprit. Water heaters have an average useful life of about 12 years. The operative word here is “average.” Some water heaters fail well before that 12-year mark; others perform like champs for much longer. The problem is – you can’t predict when any given water heater is going to fail.

There is no equivalent of a car’s “check engine” light to alert you to an issue you must address; you don’t usually know a water heater is failing until it has dumped 80 gallons of water in your basement or your garage or your kitchen. As early warning systems go, this isn’t terribly effective. Fortunately, there are some alternatives.

• Automatic Shut-off Valves. These units typically consist of a high-quality valve installed directly into the plumbing line, and moisture sensors that send a ’shut-off’ signal to an electric control box. The WAGS valve my company sells works on the same general principle, but it isn’t powered by electricity. We use a spring mechanism wrapped with a water-soluble sensor element that is placed in a drip pan under the heater. When water hits the sensor, it weakens, releasing the high-pressure spring and shutting the heater off after no more than one inch of water has accumulated in the pan.

• Water Leak Alarms. These units also use sensors that sound an alarm when water is detected, but owners must remember to turn the alarm on (they don’t always) and someone has to be around to hear the alarm and able to act quickly, by turning off the water supply. A lot of water can leak and cause a lot of damage in a very short period of time.

EFFECTIVE MAINTENANCE Shut-off valves and alarms can prevent damage – or reduce it – if a water heater leaks. Maintaining the heaters can go a long way toward preventing those leaks. Plumbers suggest that owners have their water heaters inspected – and drained – annually. Drainage will eliminate sediment that can build up inside a heater, reducing its effectiveness and possibly making the interior of the tank rust.

Regular inspections can also assess the condition of the temperature and pressure valve and monitor the condition of the anode rods (some units have one, others have two) that protect the tank from hard water minerals. As these rods erode over time, the protection diminishes, reducing the water heater’s life and increasing the risk that it will fail prematurely. Replacing the rods when necessary, can extend a water heater’s life.

residents or the community’s property values and finances: By providing information that encourages responsible behavior by owners and adopting association policies that require it. A few specific suggestions: 1. Educate homeowners. Explain the damage leaking water heaters can cause to individual units and common areas.

2. Encourage owners to have their water heaters inspected at least annually by a qualified plumber.

3. Consider making annual inspections mandatory, for the same reason that many associations require annual inspections of fireplaces – because poor maintenance of the equipment poses a potential risk to other residents and the entire community.

4. Encourage, or require, owners to install automatic shut-off valves or water sensor alarms on their water heaters.

5. Require owners to replace water heaters older than 11 years, with an exception for those with automatic shut-off valves.

Units with these devices can operate safely until they fail.

6. Consider making the purchase and/or installation of shutoff valves an association expense. Leaks pose risks to other units and common areas risks that owners have a shared interest in mitigating.

7. Consult your insurance agent. Some insurance companies require leak prevention devices on water heaters or strongly encourage them. Ask if your association’s insurer is one of them. Installing shut-off valves community-wide may not reduce the association’s insurance premium, although it would give your agent a strong argument for requesting a discount. But proactive risk management policies like this will improve the association’s overall risk profile, which may help you secure a favorable premium rate. Preventing water heater leaks will also avoid the costly damage claims that can increase your premium and may make it more difficult to obtain the coverage the association needs.

Steven Fielding is President of AQUAGUARD, LLC, which manufactures the WAGS Valve, a product he discovered as a consumer and liked so much, he bought the company that produces it. He is now on his third water heater with a WAGS valve. When the previous two heaters (operated

WHAT HOAS CAN DO Condominium boards should deal with hot water heaters the same way they deal with other risks affecting the health and safety of 40

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

long past their estimated useful life) failed, the valves worked perfectly, protecting his finished basement from water damage. For more information, call 844-GET-WAGS or visit wagsvalve.com.

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An INNOVATIVE approach can yield truly AMAZING results.

At Cogent Bank, we believe the human side of technology is as important as the technology itself. Come experience state-of-the-art banking with a human touch.

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Schedule a time with Traci to discuss your Association’s needs and see how we do things differently at Cogent Bank.

Traci Smith | Senior Vice President | Commercial Relationship Manager Office: 321.414.2173 | tsmith@cogentbank.net Cogent Bank is a Member FDIC and an Equal Housing Lender. Loans are subject to credit approval. Only deposit products are FDIC insured.

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9/18/19 4:44 PM

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:

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CA Day/Trade Show Committee Gina Holbrook Premier Association Management gina.holbrook@premiermgmtcfl.com

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

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

Communications Committee Benjamin Isip Towers Property Management, Inc. ben@towerspropertymgmt.com

Education Committee Negar Sharifi Assured Partners negar.sharifi@assuredpartners.com

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

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

Jessica Cox Leland Management jcox@lelandmanagement.com

Fran James Sentry Management stonebridgeplace@csbonline.net

David Furlow Leland Management dfurlow@lelandmanagement.com

C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

Social Committee Tara Stone Your Private Adjustor tara@yourprivateadjuster.com Sunshine Foundation Committee Jennifer Agravat Asphalt Restoration Technology Systems jennifer.agravat@asphaltnews.com

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Is your management company providing the layered support your community needs?

Repeat sewer stoppages, slow or gurgling drains, leaks or odors? We can get everything working like new – fast, with minimal hassle, no property damage, and for far less than you can imagine.

Castle Group’s Community Management team provides a complete array of services to operate the administrative, financial, physical, and people aspects of your Community. We have organized our company around supporting the operations of the on-site teams by employing specialists in variety of areas. Some of these areas include: large-scale community management, food & beverage, high-rise management, project management, and financial services.

To learn more about how Castle Group can serve your community, please call 844.815.5321.

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• You do not pay legal fees or costs unless we recover for you.

• Our team focuses exclusively on construction defects throughout the state of Florida.

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C E N T R AL F L O R I D A T I M ES | 4 TH Q U A R TER 2 0 2 1

844.815.5321 www.castlegroup.com

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