Central Florida Times | 4th Quarter 2024 Recap

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CENTRAL FLORIDA

CONTACT INFORMATION

P.O. Box 941125

Maitland, FL 32794

www.caicf.org

407-913-3777

Reini Marsh, CED exdir@caicf.org

Membership Manager Tara Ruch membershipmanager@caicf.org

THANK YOU 2024 BOARD OF DIRECTORS!

Tracy Durham, CMCA, AMS, CFCAM, PCAM, PresidentElect

Stefanie Nicholson, CMCA, AMS, Vice President

Leslie Ellis, CPA, MSA, CGMA, Treasurer

Jessica Cox, CMCA, AMS, Secretary

Patrick Burton

Stacey Loureiro, CMCA, AMS

Jarad Pizzuti, Past-President

Jackie Swisher

Tom Wheir

A Message from the President

I am honored to be your incoming Chapter President for 2025. As we prepare to close out 2024, I want to take a moment to thank all of our many volunteers who have really made a difference in our chapter.

To the 2024 Board of Directors:

There has been a lot of positive restructuring this year! Your many volunteer hours have produced an overhaul of our operations which has allowed us to promote structure and organization for future CAI Boards. Thank you for your dedication to our Chapter and for all you do! A special thank you to Brian Jones for a great year under his leadership. He really made a difference and we look forward to his involvement in 2025.

To All Committee Chairs:

We couldn’t do it without you! Your ability to organize and facilitate your committees is not always an easy feat. Thank you for rising up to lead these groups to their fullest potential.

To All Committee Members:

The difference you make with your ideas, insight, research, etc. is invaluable to our Chapter. We have had so many positive gatherings, events, projects, etc and your work is so important. Thank you for your support and we look forward to seeing what you all have for us in 2025!

To Our Support Staff (Reini & Tara):

Thank you for all you do for our Chapter and the support you provide to all of our volunteers.

As we prepare for 2025, it’s time to get excited about who we are and what we do! We are looking forward to breathing some fresh life into the Chapter and hope you are as excited as we are!

Wishing you and your family a very Happy New Year! See you in 2025!

Sincerely,

Tracy

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

CA Day/Trade Show Committee

Christy Raymon

Don Asher & Associates christy@donasher.com

Communications Committee

Benjamin Isip

Towers Property Management, Inc. ben@towerspropertymgmt.com

Education Committee

Suzan Kearns

Premier Association Management suzan.kearns@premiermgmtcfl.com

Meet the Managers Committee

Angela Timmons

Greystone Management angela@greystone-mgmt.com

Annual Meeting/Gala Committee

Jackie Swisher EmpireWorks Reconstruction jswisher@empireworks.com

Golf Tournament Committee

Seamus Devlin

RL James sdevlin@rljames.com

Legislative Committee

Tom Slaten Larsen and Associates tslaten@larsenandassociates.com

Shayla Mount Arias Bosinger sjmount@ablawfl.com

Membership & Registration Committee

Mary Ann Sheriff One Florida Bank msheriff@onelforidabank.com

Social Committee

David Cofressi Behr Paint dcofressie@behr.com

Cares Committee

John M. Calpey One Florida Bank jcalpey@onefloridabank.com

Finance Committee

Leslie Ellis Glickstein Laval Carris LEllis@glccpa.com

Chapter News

Happy New Year! We are excited about the new year and the plans the Chapter has for the upcoming year. Our plans for the 2025 Trade Show are coming along. There are still booths available for sale, but we expect to sell out. The After Party is going to be great! We are happy to bring you this event where there will be educational classes, exhibits and networking with all the wonderful services that support community associations.

CAI Central Florida will be changing up the venues for our luncheons, so be sure to check out where the location will be. It can always be found on our website - caicf.org. We will also be making small changes to some of our regular events such as Meet the Managers, with a different format. There will also be events in Brevard County starting February 20th.

The most exciting news is National CAI will be coming to Orlando again for the national conference in early May. This is a wonderful

opportunity for our local members to attend the conference and learn more about all that CAI does. There will be excellent speakers and many breakouts. The best part of this is that we get to host the Chapter Party on May 8th, and we have bought out Aquatica for this special night of fun and food. There will be discount for tickets for our local members. I can’t wait to see you all at our events! 2025 is going to be a great year!

JOIN A COMMITTEE - GET INVOLVED IN 2025

Now is the time to sign up for a CAI Central Florida Committee! Whether you’re already serving or looking to join for the first time, everyone needs to complete the 2025 Committee Interest Form. Click here to access the form or scan the QR code. The Trade Show Committee will begin after the 2025 Trade Show. Let’s make 2025 another incredible year together. Don’t miss out—sign up to join a committee today!

CHAPTER UPDATE

2025 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 9, 2025: Monthly Meeting Luncheon at Azalea Lodge at Mead Botanical Garden for the presentation, “Advance Your CAM Career” by Leslie Alvarez, CMCA, AMS, LSM, PCAM, President & Founder of Community Association Consulting Experts, Inc. This course helps ambitious CAMs differentiate themselves in the industry while earning continuing education credits. Perfect for managers seeking career advancement and higher professional credentials. It teaches community association managers how to strategically advance their careers through: Career planning and succession strategies; Mentorship opportunities; CAI membership benefits and professional designations (CMCA, AMS, PCAM, LSM); Investment in professional growth; Client relationship enhancement. Registration begins at 11:30 am and the program begins at 12:00 pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $45. Sponsorships available for $300. Please click here to register.

• February 6, 2025: Monthly Meeting Luncheon at Azalea Lodge at Mead Botanical Garden. Registration begins at 11:30 am and the program begins at 12:00 pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $45. Sponsorships available for $300.

• March 27, 2025: CA Day & Trade Show - Circus: Step Right Up to the Most Spectacular Trade Show at the Orlando World Center Marriott. CA Day is an annual educational event and trade show bridging the gap between Homeowner Leaders

SPONSOR AN UPCOMING CHAPTER MEETING!

(board members), Community Managers, and the Business Partners that support them. The trade show is no ordinary trade show. Every year we choose a theme and immerse ourselves producing a truly exceptional trade show experience, with this year’s theme being “Circus: Step Right Up to the Most Spectacular Trade Show.” Each booth will be participating in best circus booth designs and visitor engagement competitions.

There will be FREE Education Classes available to registered attendees from 9 – 11:30 am, 146 vendor expo booths to visit from 11 am – 3 pm, thousands of dollars in raffle prize giveaways, and the Big Top Bash After Party from 3:30 –6:30 pm. After Party tickets are $25 per person for CAMs and Homeowner Leaders, and $50 per Business Partner. Each registered CAM and HOA Board Member will receive one drink ticket (soft drink or select alcoholic beverage).

Business Partners may NOT attend the Trade Show unless they have purchased a booth or a sponsorship package of $500 or more. If you plan to attend a class and the trade show, please be sure to register for both. Click HERE to download a PDF of the Trade Show Brochure to view all of the booth and sponsorship details. Click here for more information, to sign up for a booth or register for a sponsorship!

• April 3, 2025: Monthly Meeting Luncheon at Azalea Lodge at Mead Botanical Garden. Registration begins at 11:30 am and the program begins at 12:00 pm. Manager Members & Homeowner Leaders (HOA Board Members) are FREE and Business Partners cost $45. Sponsorships available for $300.

Each sponsor for the Chapter Meetings receive face time in front of the membership with the microphone to talk about your company. You will also be able to put give-away items and collateral on all the tables. Space is also provided for our sponsors to display their marketing materials. Every sponsor is important to our chapter and your generous donation goes directly to off set the costs of the program. Only three sponsors are permitted per program. Please consider sponsoring today!

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

LOOKING FOR A SERVICE PROVIDER?

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

Upcoming Workshops & Manager Education Classes

COMMUNITY CONNECTIONS WORKSHOP SERIES

This series is hosted in partnership by Orange County Neighborhood Services Division and the City of Orlando Office of Communications & Neighborhood Relations. The workshops are free to all and offered monthly. Please note, there are no workshops in December.

HOA and Condo Board of Directors Certification Training

Saturday, January 11 from 9:00 am - 1:00 pm

Internal Operations Center 1: 450 E. South Street, Orlando

Serving on a HOA or condominium association board requires Florida’s certification compliance within 90 days of being elected. This workshop will provide an overview of the many responsibilities and areas of oversight required by condominium and homeowners’ association board of directors. You will learn about condominium and HOA operations, records maintenance and owner access to records, dispute resolution options, budgets and reserves, election requirements and financial reporting. The course will take four hours to complete. Click here to register on Eventbrite.

Revitalizing Leadership

Saturday, February 8 from 9:00 am - 11:00 am

Internal Operations Center 1: 450 E. South Street, Orlando

Leadership burnout is a growing challenge in today’s demanding work environment. This workshop helps leaders identify early signs of burnout, understand its impact, and explore strategies for prevention and recovery. Through interactive discussions and practical exercises, participants will learn how to manage stress, maintain work-life balance, and foster resilience. Whether you’re facing burnout or seeking to prevent it, this session will provide the tools needed to renew your energy and effectiveness as a leader. Participants will engage in discussions and exercises to foster resilience and work-life balance, ensuring they leave feeling renewed and ready to lead. Click here to register on Eventbrite.

Building Effective Neighborhood Networks

Saturday, March 8 from 9:00 am - 11:00 am

Internal Operations Center 1: 450 E. South Street, Orlando

This workshop will provide practical strategies for creating strong, connected neighborhoods by establishing effective communication and engagement networks. Participants will learn how to foster relationships among residents, build lasting connections, and enhance community involvement. Click here to register on Eventbrite.

EDUCATION FOR MANAGERS

CAI offers many online learning opportunities (click on the dates below to register or obtain more information on these Live Virtual Courses) that lead to professional credentials. View the CAI Courses and Online Catalog for additional resources.

» January 16-17: M-100 - The Essentials of Community Association Management

» January 23-24: M-201 - Facilities Management

» February 6-7: M-360 - Leadership Practices in Building Community

» February 13-14: M-202 - Association Communications

» March 6-7: M-100 - The Essentials of Community Association Management

» March 13-14: M-204 - Community Governance

» March 20-21: M-205 - Risk Management

» April 3-4: M-320: High-Rise Maintenance and Management

» April 24-25: M-100: The Essentials of Community Association Management

» May 5-7: M-100: The Essentials of Community Association Management (Orlando; Live Onsite Class before Annual Conference)

» May 6: M-201: Facilities Management (Orlando; Live Onsite)

» May 6: M-202: Association Communications (Orlando; Live)

» May 6: M-203: Community Leadership (Orlando; Live Onsite)

NEW CHAPTER MEMBERS

Welcome New & Returning Members!

BUSINESS PARTNER MEMBERS

BankUnited

Stacey Drengberg

Edge Realty Advisors, LLC

Jon A. Dawson

Morgan & Morgan Business Trial Group

Frank Blau, Jr.

Paloma Technologies, LLC

Jessica Marie Aviles

Protex Lawn and Pest Control

Robert Keller

Rapid Response Team

Justin Florence

RiverCity Aquatics

Fabian Stern

Ruppert Landscape

Mark Bradley

Shipwash Law Firm

Tennille Shipwash

United Community Bank

Howard Henry

Village Management Software

Sheri Renaldo

BUSINESS PARTNERS CONT.

Weber Services

James Ambuehl

NATIONAL BUSINESS PARTNER

Wallrug dba hoacta.app

Isaac Camacho

MANAGER MEMBERS

Joey Arroyo

Nuria Esquilin

Dr. Mike Hall

Aura Rosa Zelada

Grace Marie Montanez-Marcial

Artemis Lifestyle Services, Inc.

Anthony Todd Moseley

Atmos Living Management Group

Patricia Frick

Brittany Estates RO Association

Valerie Muñoz

Leland Management, Inc.

Empire Management Group, Inc.

Scott Brown

Enrique Caballero

Megan Carter

MANAGER MEMBERS CONT.

Empire Management Group, Inc.

Brandi Cunningham

Jake Doty

Shelby Lott

Jenny Morales

Gris Romero

Shari Toler

Eddie Vargas

Armando Velez

Lee Weiss

VOLUNTEER LEADERS

John Causey

Dean Garrow

Stuart Angus Mcmillan

Susan Sibal Nahmias

Stephanie Chandrasekaran

Stoneybrook Master Association of Orlando

John White

Vista Gardens

Stephen Alexander

Wekiva Hunt Club Community Association

Wrenwood Condominium Association

Andrew Green

Bridget Lake

G. Rockey

William Vroman

Construction

Big Top Bash

3 After Party Sponsors:

$3,000

» Logo and company name on all promotional materials.

» 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 homeowner board members and CAMs.

» Two free parking passes for day of show.

» Highlighted as sponsor in the Trade Show program.

» Presenting sponsor signage at the front entrance and at the After Party.

» After Party wristbands printed with sponsor’s logo.

» Privilege to provide beverage napkins with company logo at the After Party.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items)

The Acts

Entertainment After Party Sponsors

» Juggler: $1,000

» Big Top Beats: $1,000

» Stilt Walker: $1,000

» Magician: $1,000

» Contortionist: $1,500

» Company brand worn/presented by entertainer, signage at After Party with company name and picture of the act, and Business Card ad in Trade Show program.

Ringmaster

Expo Sponsor: $2,200

» Advertising on sign-in screen at registration.

» Logo and company name on select promotional materials, Chapter website, and select emails.

» Half 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 recognized at the monthly Chapter meetings.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items)

Circus Spectacular

2 Décor Sponsors: $2,000

» Logo and company name on all promotional materials.

» Half page, full color ad in the Trade Show program.

» Two free parking passes for day of show.

» Highlighted as sponsor in the Trade Show program.

» Presenting sponsor signage at the front entrance and at the décor area.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items)

Bearded Lady

CAM Drink Sponsor: $2,000

» Logo and company name on all promotional materials.

» Half page, full color ad in the Trade Show program.

» Two free parking passes for day of show.

» Highlighted as sponsor in the Trade Show program.

» Signage at the front entrance and at the bar area.

» Privilege to provide beverage napkins with company logo at the Trade Show bar.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items)

» 1 Drink Ticket per CAM.

Sideshow

Photo Booth Sponsor: $1,700

» Logo and company name on all promotional materials.

» Half page, full color ad in the Trade Show program.

» One free parking pass for day of show.

» Logo on all photos.

» Highlighted as sponsor in the Trade Show program.

» Presenting sponsor signage at the front entrance and at the photo booth.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items).

Trapeze Tavern

5 Bar Sponsors: $1,200

» Logo and company name on all promotional materials.

» Half page, full color ad in the Trade Show program.

» One 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 to provide beverage napkins with company logo at the Trade Show bar.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items).

Lion Tamers

15 Sponsors: $500

» Logo and company name on all promotional materials.

» Business card size, full color ad in the Trade Show program.

» Highlighted as sponsor in the Trade Show program.

» Signage at the front entrance.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items)

Fun House

Education Presenters & Sponsors:

$900 each

» Legal Update at 9 am - 3 Presenters, 3 Sponsors

» CEU Class at 10 am - 3 Presenters, 3 Sponsors

» CEU Class at 11:30 am - 3 Presenters, 3 Sponsors

» Ask An Attorney at 11:30 am - 3 Presenters, 3 Sponsors

» Industry exclusive.

» Business card size, full color ad in the Trade Show program.

» Ability to leave marketing material at each seat.

» Three minutes to introduce your company at beginning of the class.

» Highlighted as sponsor in the Trade Show program.

» Signage outside of classroom space.

Strong Man

Security Sponsor

» Provide staff for security of Trade Show and After Party. Approximate times are 8 am to 6:30 pm.

» Half page, full color ad in the Trade Show program.

» Logo and company name on all promotional materials.

» Three free parking passes for day of show.

» Highlighted as sponsor in the Trade Show program.

» Signage at the front entrance.

» May provide material to insert in approximately 1,200 Trade Show bags (no paper items).

Business Cards

Unlimited Available:

$250

» Business card size, full color ad in the Trade Show program.

After Hurricanes, Communities Especially Vulnerable to Business Email Compromise

In recent years, our team has seen first-hand several tactics criminals use to steal from communities that are still reeling from the hurricanes that have hit Florida. Hurricanes Ian and Nicole struck the state in 2022, and Hurricanes Helene and Milton made landfall in 2024. These major storms caused catastrophic damage to communities throughout Florida.

Sadly, criminals prey on people and businesses that are upended by disasters, seeing them as overextended, less vigilant and, therefore, less likely to notice their crimes. Our team has seen – and long warned our clients about – tactics that involve stolen checks, wire and Automated Clearing House (ACH) fraud and other scams to help protect the communities they manage. After Hurricanes Helene and Milton, a particular cyber tactic appears to be increasing in frequency, based on reports our team has been hearing: business email compromise (BEC).

WHAT IS BUSINESS EMAIL COMPROMISE?

According to the FBI’s Internet Crime Complaint Center (IC3), business email compromise is “a sophisticated scam targeting both businesses and individuals performing a transfer of funds.”

The scam is frequently carried out when a criminal compromises

legitimate business email accounts through social engineering or computer intrusion techniques, resulting in an unauthorized transfer of funds. They are primarily caused by bad actors impersonating C-level executives. According to the FBI’s 2023 Internet Crime Report, the IC3 received 21,489 BEC complaints with adjusted losses over $2.9 billion in 2023 alone. BEC can take the forms of:

» Phishing: A type of social engineering attack that uses scam emails, text messages or phone calls to trick victims into revealing personal information.

» Spoofing: A deceptive tactic where a cybercriminal impersonates another entity, like a trusted person or organization, by manipulating data to appear legitimate, often with the goal of gaining unauthorized access to systems or stealing sensitive information from the victim by tricking them into believing they are interacting with a known source.

HOW DO CYBERCRIMINALS USE BUSINESS EMAIL COMPROMISE TO STEAL FROM COMMUNITIES?

Communities recovering from a natural disaster like a hurricane are typically working with many vendors to make repairs. This

Continued on page 22

SCAM PROTECTION TIPS

usually involves the community making copious payments to various companies, and cybercriminals see this as an opportunity to infiltrate email accounts to redirect payments to their own accounts.

These criminals often gain access to an email account and then watch the email exchange between a community representative and the vendor until it comes time for payment. Then, the criminal intercepts emails coming from the authorized vendor and creates a fraudulent email that looks like it’s coming from the vendor. When the management company or community receives this fraudulent invoice or payment request, and it looks legitimate, they unwittingly transfer funds to the criminal’s account instead of to the vendor.

To make matters more complicated, it’s not always immediately apparent that fraud via BEC has occurred – sometimes, it can take days or weeks for the association or management company to become aware of the crime. For example, suppose the community’s accounts payable person thinks they paid the invoice for the roof repair (when, in fact, they paid the criminal). In that case, they may not realize there is an issue until they get a past-due invoice from the roofing company a month later, prompting them to investigate the disconnect.

These criminals, masquerading as authorized vendors, usually ask to be paid by wire or ACH. Unfortunately, if an association representative initiates a payment prompted by BEC, it generally results in a loss of funds to the community because the money cannot be recouped.

As one recent real-life example, a community recently transferred two payments totaling $170,000 via ACH to a hacker. As soon as they became aware of the mistake, they found the criminal had already moved the money out of the receiving account, leaving no funds for the community even to attempt to recover.

HOW CAN MANAGEMENT COMPANIES AND SELF-MANAGED ASSOCIATIONS PROTECT THEIR COMMUNITIES?

To best help prevent transferring money to a criminal’s account in a BEC scam, the person paying the community’s bills via wire or ACH should call the vendor and ask them to confirm that the account number on the invoice matches the vendor’s bank account. This will confirm whether the invoice is legitimate before funds are transferred.

In addition, here are a handful of tips for reducing and recognizing fraudulent emails using a layered cybersecurity approach:

» Maintain updated anti-virus software and definitions with malware protection.

» Maintain appropriate network security monitoring controls with a qualified individual/company (for example, firewalls,

intrusion detection/prevention systems, email content and web filtering, and so forth).

» Utilize full disk encryption on PC’s and only communicate sensitive information by email when an encrypted email platform is used.

» Conduct periodic access reviews to ensure individuals set up in online/mobile banking or those conducting business with the bank are valid and have the appropriate permissions.

And, here are prevention and protection tips from IC3’s public service announcement released Sept. 11, 2024, to help prevent BEC:

» Use secondary channels and/or two-factor authentication to verify requests for changes in account information.

» Use unique passwords/passphrases and change them periodically.

» Ensure the email URL is associated with the business/ individual it claims to be from.

» Be alert to hyperlinks that may contain misspellings of the actual domain name.

» Refrain from supplying login credentials or personal identifiable information (PII) of any sort via email. In addition, your bank will never ask for credentials by email, phone or any other method.

» Ensure the settings in employees’ computers are enabled to view full email extensions.

» Monitor financial accounts on a regular basis for irregularities, such as missing deposits.

WHAT SHOULD I DO IF I DISCOVER MY COMPANY OR ASSOCIATION IS A VICTIM OF BEC?

According to the IC3, if you discover a fraudulent transfer was made because of BEC, immediately contact your financial institution and request a recall of the funds, along with any necessary indemnification documents. Different financial institutions have varying policies; knowing what assistance your financial institution will provide when attempting to recover funds is important.

Regardless of the amount lost, file a complaint with www.ic3.gov as soon as possible. The FBI IC3 may be able to assist both the financial institutions and law enforcement in freezing funds.

is Senior VP/ Director of Association Banking at American Momentum Bank. She can be reached at hkaramitsos@americanmomentum. bank and 941-806-0755.

ensure your community’s goals are met and resident satisfaction is high.

Sherwin-Williams understands the needs of HOAs and has the products and services to ensure long-lasting curb appeal and easy maintenance. From premium paints that provide performance and protection to color design services, on-site assistance, maintenance manuals and more — we’re here to help throughout the state of Florida.

CLAIMS SUPPORT

Empowering Condo Associations with Comprehensive Claims Support

Managing and protecting condominium communities is a multifaceted responsibility, particularly when disaster strikes. As a licensed public adjuster and community advocate, Ask An Adjuster specializes in guiding condo associations through the intricate process of insurance claims. Our goal is to ensure associations, their managers, and residents receive the support and compensation necessary to rebuild and thrive after property damage.

ADDRESSING THE UNIQUE CHALLENGES OF CONDO ASSOCIATIONS

Condominium associations face complexities distinct from those of single-family homes or commercial properties. With shared spaces, intricate ownership structures, and often substantial assets, navigating insurance claims can be daunting. Damages like a compromised roof, water intrusion, or window leaks don’t just impact one unit—they ripple through entire communities. Recognizing these challenges, Ask An Adjuster offers tailored solutions designed to meet the specific needs of condo associations.

Our team utilizes cutting-edge technology, including thermal imaging cameras and moisture meters, to uncover hidden damages that might otherwise go unnoticed. By partnering closely with property managers and boards, we ensure every detail is documented, forming a strong foundation for successful claims. This collaborative effort supports associations in fulfilling their fiduciary responsibility to maintain and restore their properties.

SIMPLIFYING INSURANCE POLICIES AND CLAIMS

Deciphering insurance policies can be a significant hurdle for condo associations. Policies often include technical jargon and exclusions that complicate understanding. Ask An Adjuster provides complimentary insurance coverage reviews, empowering associations with a clear understanding of their policy’s scope.

These proactive reviews frequently uncover gaps or opportunities for enhanced coverage, helping communities prepare for potential risks. In the event of a claim, we serve as steadfast advocates, bridging the gap between intricate policy language and the practical needs of restoration. Our negotiation expertise ensures fair settlements that reflect the true cost of repairs, alleviating financial burdens for associations and their residents.

EDUCATING AND STRENGTHENING COMMUNITIES

At Ask An Adjuster, we believe that informed communities are resilient communities. Our educational initiatives include workshops, hurricane preparedness classes, and personalized consultations tailored to the needs of condo boards and managers. These resources empower decision-makers to address minor issues proactively, strengthen insurance policies, and respond effectively to emergencies.

A PROVEN PARTNER IN RECOVERY

When condo associations collaborate with Ask An Adjuster, they gain more than a service provider—they gain a dedicated ally. With a proven track record of maximizing claim settlements and expediting recovery timelines, we help associations restore their properties and bring stability and peace of mind to their communities.

By offering unwavering support and expertise, Ask An Adjuster ensures that condo associations are well-equipped to navigate challenges and protect their residents’ investments.

Adam Copenhaver is a licensed public adjuster with a robust background in sales, marketing, and training. As the Investor Development Chair of the Cocoa Beach Regional Chamber of Commerce, Adam is passionate about empowering communities through advocacy and education. His extensive experience in managing complex insurance claims for condo associations and commercial properties makes him a trusted resource for community leaders.

Three Keys to Assuring the Most Efficient Use of Reserve Funds

Community leaders, as defined within the Community Associations Institute’s Rights and Responsibilities for Better Communities, “have a responsibility to fulfill their fiduciary duties to the community they serve and to exercise discretion in a manner they reasonably believe to be within the best interests of their community.” Also, important to note is that economic pressures do not grant community leaders immunity against claims of breaching their fiduciary obligations. Regardless of the economic landscape, it is imperative that those who are elected to serve and protect their community, continue to do so. This begins with:

1. Preparing and adhering to a budget that serves the best interest of the community

2. Preserving the quality of the community’s physical assets

3. Maintaining an adequate level of reserve funds

4. Continuing to collect owner assessments

In today’s society, delinquencies and requests for payment deferrals continue to rise. All while the expense of maintaining community assets continues to add up; a recipe that drives a tendency to reduce spending through deferred maintenance, repairs and replacement of common property. This approach to balancing community expenses over time is likely to result in inconvenient and costly emergency

repairs, diminished useful lives of common property, and ultimately, mistrust within the community.

EMERGENCY REPAIRS VS PLANNED CAPITAL PROJECTS

Many scenarios exist in life where we, as individuals, test the boundaries of action vs inaction. Failing to replace a hot water heater until we wake up to a cold shower on Monday morning or neglecting the replacement of a 30 year old air conditioner that ultimately fails on the hottest day in July, to name a couple. While the inconvenience might be a small price to pay for an individual, emergency repairs within shared living spaces has greater consequences.

Take, for example, the failure to replace aging elevator controls. A typical useful life for elevator controls is up to 30 years, which is mainly due to difficulty in acquiring replacement parts for aging equipment. A reserve study consultant is able to evaluate the association’s record of historical maintenance practices and review the frequency and significance of recent major repairs in order to determine a realistic timeline for future replacement. The result? A prioritized list of capital expenditures and customized funding solutions that offset those future costs.

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RESERVE STUDIES

In following the reserve study consultant’s professional recommendations, the community association has adequately funded reserves and is in a position to replace the elevator controls in a timely manner. Replacement should be planned well in advance to avoid scheduling conflicts and to provide owners ample opportunity to plan ahead of time.

Failure to replace elevator controls in a timely manner will inevitably result in emergency repairs, causing inconvenience to just about every owner that resides above the first floor. It is also worth noting that the cost of emergency repairs combined with what will inevitably be a near-term replacement, will almost certainly exceed the cost of completing the replacement in the first place. Which leads us to our next point…

PREVENTATIVE MAINTENANCE

Preventative maintenance is key to maximizing useful lives, to providing a level of flexibility with the timing of replacement, and to minimizing the total annual cost of ownership. Furthermore, routine maintenance minimizes the risk of emergency repairs as minor issues can be caught and addressed before they escalate.

It’s best practice to maintain a preventative maintenance contract on a building’s major mechanical systems, such as the elevators, boilers, etc. While the specific activities outlined for each of these components will vary, examples for a boiler might include:

» Weekly – Inspect for leaking water and ensure areas around the boiler are free from obstruction. Check temperature readings and verify vent termination is not blocked. Listen for unusual vibrations or noises. Conduct boiler blowdown to minimize corrosion and remove suspended solids in the system.

» Monthly – Check water and pressure levels, check controls and switches for proper operation, and clean and inspect water or fire tubes to reduce scaling.

» Annually – Conduct full inspection and cleaning of burners and flues. Any pressure relief valves must be inspected and certified.

You’ll note, many of these activities are not labor intensive, and likely can be accomplished with relative ease. Preventative maintenance is about identifying and rectifying potentially small issues before they develop into larger concerns.

Preventative maintenance is not the end all be all. Rather, it is one component of the strategy to preserve the quality of community assets while practicing fiscal responsibility. Eventually, every community asset requires replacement. This leads us to our final point…

PROJECT PRIORITIZATION

As we learned earlier, the professional reserve study prioritizes all capital expenditures, which are supported by customized funding solutions. By evaluating the condition of each common element and understanding current maintenance practices, the schedule of capital projects is optimized to ensure the community is making the most efficient use of reserve funds.

As more Americans are home today than ever before, owners are taking a greater interest in their Associations’ overall condition. What does this mean for Community Associations? Project prioritization becomes more important with the risk of reduced revenues.

The professional reserve study brings to light capital projects of utmost importance versus those that are discretionary. Critical projects comprise of those that jeopardize the safety of residents and/or lead to more costly repairs if ignored. Discretionary projects comprise of those that are primarily aesthetic, or those in which deferral doesn’t create a safety concern or lead to increased replacement costs. Discretionary projects are oftentimes more visible throughout the community. Whereas many critical projects are not typically apparent to the average unit owner (ie flat roofs, piping, or building mechanicals).

Disseminating the priority of capital projects found within the professional reserve study is important to effectively communicate Association needs and decisions to homeowners. And, a proactive approach to planned capital projects and proper preventative maintenance minimizes the risk of emergency repairs. All of which is critical to ensuring your Association is making the most efficient use of reserve funds in a time when revenues are negatively affected by today’s economic climate.

As the Southeast Regional Account Manager at Reserve Advisors, Nick is responsible for developing long-term client relationships and providing industry-leading reserve study consulting services. Since joining Reserve Advisors in 2010, he has worked with hundreds of management companies throughout the Southeastern United States, ensuring that their associations receive comprehensive reserve studies, customized funding solutions, and consultative support allowing community leaders to understand and implement their plan for long-term financial sustainability. For more information, visit www.reserveadvisors.com.

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Risk Mitigation for Avoiding Condo Crisis

Condo associations face both structural and financial risks, particularly when funding large capital projects. These risks, if unmanaged, can lead to financial instability, diminished property values, and even forceful unit sales. However, adopting proactive strategies can help mitigate these risks, ensuring long-term stability, building safety and avoiding crisis scenarios.

1. LEVERAGE ASSOCIATION LOANS FOR CAPITAL PROJECTS

Instead of relying on large special assessments, which can overwhelm owners financially and lead to defaults or forced sales of units, condo associations can use association loans. Loans allow associations to finance large projects upfront and spread the cost over manageable monthly payments. This reduces immediate financial pressure on homeowners and prevents the risk of unit owners being forced to sell due to unaffordable assessments.

2. MAINTAIN FINANCIAL FLEXIBILITY

Special assessments can trigger financial hardship for some homeowners, increasing the likelihood of defaults, foreclosure, or forced sales. Association loans offer a more flexible repayment structure, enabling homeowners to make smaller, more manageable payments. This flexibility reduces the financial strain on owners,

minimizes the risk of defaults, and helps ensure that the association can fund necessary repairs without risking the stability of the community.

3. COLLABORATE WITH FINANCIAL EXPERTS FOR FAVORABLE LOAN TERMS

Securing favorable loan terms is critical to maintaining financial stability. Working with experienced lending professionals ensures that the association locks in competitive interest rates and understands all loan conditions. Proactive financing strategies help avoid unfavorable terms, reduce borrowing costs, and prevent delays in funding essential projects, thereby safeguarding against financial stress that could trigger forceful unit sales.

4. LOCK IN CONTRACTOR RATES TO PREVENT COST OVERRUNS

Construction costs can rise rapidly, especially if projects are delayed. By securing financing early, an association can lock in contractor rates and avoid cost increases. Timely project execution not only prevents budget overruns but also ensures that essential repairs and upgrades are completed on schedule, preserving the property’s value and reducing the risk of deferred maintenance that could lead to financial instability.

RISK MITIGATION

5. PRESERVE PROPERTY VALUES

Neglecting necessary repairs or deferring maintenance due to lack of funding can lead to a decline in property values. By using loans to finance repairs and improvements, associations can keep properties in good condition, preserving their value and marketability. Wellmaintained properties are less likely to experience financial instability, reducing the likelihood of forced unit sales due to owners’ inability to cover assessments or falling property values.

6. PREPARE FOR FUTURE EMERGENCIES WITH FINANCIAL PLANNING

Unexpected events, such as natural disasters or urgent structural repairs, can strain an association’s finances. Proactively using loans alongside reserve funds ensures that the association can quickly address emergencies without relying on painful special assessments, which can be unaffordable for some owners. This preparedness reduces the financial strain that could otherwise lead to forced sales of units.

By leveraging association loans and adopting strategic financial planning, condo associations can mitigate both structural and financial risks. These measures help avoid burdensome special assessments, ensure building safety, protect property values, and reduce the risk of defaults or forced sales. Proactive financing and

expert collaboration ensure that associations remain financially stable, allowing them to manage large projects without putting homeowners or the community at risk.

Recognized for his extensive market experience and exceptional execution record, Sachin Mehrotra shines as a highly regarded professional in the Condominium Association and Investment CRE financing worlds. With an unwavering commitment to his clients, Sachin consistently delivers outstanding results, earning him a trusted industry reputation. His area of expertise is, effectively, structuring complex association and investment CRE financing transactions, in such diverse areas as Acquisition and Construction Financing, Capex Management, Ground-Up Development and Strategic Value Enhancement. With an impressive 20-year career in the industry, Sachin brings a wealth of experience to every client engagement, thus ensuring the opportunity to collaborate with a seasoned professional. For more information, contact Sachin at smehra@assoicationfinancing.org or visit associationlendingservices.com.

COMMUNITY MANAGEMENT

Navigating Change: Legislative Updates & National Trends

As2024 draws to a close, the landscape for community associations is brimming with change, opportunity, and reflection. With the return of President Donald Trump to the White House, a renewed focus on national priorities will inevitably impact the legislative framework guiding homeowner associations (HOAs) and condominium (COA’s) boards across Florida and beyond. This article delves into upcoming legislative shifts and national trends shaping our industry.

LEGISLATIVE CHANGES ON THE HORIZON

The Florida legislature has been working diligently to refine laws governing community associations, particularly in the wake of structural safety concerns and financial challenges. Key legislative topics anticipated in the upcoming session include:

1. Reserves and Structural Integrity: Legislators continue to emphasize the importance of robust reserve funding and mandatory inspections for aging buildings. Community boards should be prepared for potential mandates requiring higher reserve thresholds and stricter timelines for reporting and compliance.

2. Transparency and Governance: Proposed changes aim to streamline transparency requirements, from digitized recordkeeping to more accessible financial disclosures for homeowners. Boards may need to adopt new technologies or adapt existing processes to meet these expectations.

3. Insurance Challenges: Rising property insurance costs remain a significant concern. New legislation could expand options for associations struggling to find affordable policies or establish subsidies to alleviate the financial burden.

Staying informed and proactive will be critical. Consider consulting with your community’s legal counsel or attending CAI-hosted legislative update seminars to prepare for these changes.

NATIONAL TRENDS: WHAT THE TRUMP PRESIDENCY MEANS FOR ASSOCIATIONS

The return of President Trump signals a shift in national policy that may ripple into the community association world. While federal regulations rarely target HOAs directly, broader economic and housing policies often have significant implications:

Tax Policies and Infrastructure: Potential reforms in tax codes could impact funding opportunities for community projects, while increased infrastructure spending might benefit neighborhood improvements or public-private partnerships.

Economic Growth and Challenges: A focus on bolstering the housing market could drive new developments, influencing community expansions and introducing new dynamics for existing associations.

While these changes unfold, staying engaged with both state and national CAI chapters ensures that your board remains adaptable to shifting policies.

LOOKING AHEAD

As we prepare for 2025, it’s clear that adaptation and unity will define the success of community associations. By embracing legislative changes and staying attuned to national trends, we can ensure our communities thrive in the face of change. Wishing everyone a joyful and prosperous New Year. Let’s continue building better communities together.

& PONDS

Stormwater Pond Management: Aren’t Nutrients in the Water Good?

ARTICLE & PHOTOS BY SOLITUDE LAKE MANAGEMENT

Nutrients are a cornerstone of healthy freshwater ecosystems, playing a vital role in fostering fish, microorganisms, and native plants. However, perhaps due to the word’s positive connotation, property managers are often surprised to learn that abundant nutrients aren’t always good. Just as ingesting too many vitamins can make you sick, an excess of nutrients can cause harmful water quality imbalances. Like many things in life, moderation is key.

Over time, lakes and ponds become increasingly enriched with nutrients like phosphorus and nitrogen that create fertile conditions for excessive vegetation and algae growth. When it eventually dies and decays, it releases nutrients that fuel new growth. Without intervention, the cycle will perpetually continue until the waterbody fills in with decayed material. This process is called eutrophication— or, put simply, aging.

While nutrient enrichment is normal and may occur naturally over hundreds of years, human activities accelerate the aging process and can reduce a pond’s lifespan to just a few decades. Once a pond is filled in, it can only be restored by dredging out all accumulated materials. Dredging is one of the biggest expenses a community will ever face, but by understanding why nutrient enrichment occurs and how to help slow the process, communities can prolong the need for costly dredging for as long as possible.

During storms, rainwater picks up nutrient-rich materials and substances as it flows over sidewalks, roadways, agricultural land, construction sites, and other developed areas. The water is diverted to stormwater ponds that are specially designed to prevent flooding and filter out pollutants before the water is released downstream. Most urban ponds, particularly in homeowners communities, are man-made for this purpose.

Some of these nutrient-rich materials include:

» Lawn and garden fertilizers

» Grass clippings

» Leaves and yard debris

» Eroded sediment

» Pet waste

» Septic system runoff

» Trash

Unsightly weeds, slimy mats of algae, and toxic blue-green algae (cyanobacteria) are common signs that your waterbody is overenriched with nutrients. If water quality tests reveal that nutrients are above desirable thresholds, communities have several solutions at their disposal to help manage them.

LAKES & PONDS

First and foremost, property managers can implement impactful changes such as installing more trash bins and pet waste stations around a community, moving designated dog parks further from the vicinity of their ponds, and instructing landscapers to reduce fertilizer use and properly bag grass clippings and lawn debris. Every individual living or working in the vicinity of a waterbody influences its health and these small changes can have a significant cumulative effect over time.

Incorporating these best practices can help amplify the benefits of more impactful solutions:

NUTRIENT REMEDIATION

This involves applying eco-friendly products that bind with or “deactivate” excess phosphorus in the water column and in the bottom sediments so it is no longer available for uptake by weeds and algae. Subsequent water quality testing will allow experts to assess if nutrient levels have been restored to an ideal range.

BIOLOGICAL BACTERIA

Biological bacteria play a central role in decomposing plant debris and organic materials. Comparable to probiotics for your waterbody, supplementing these beneficial bacteria can help make the decomposition process more efficient and inhibit the accumulation of nutrient-rich muck. These bacteria need dissolved oxygen to thrive, so installing a fountain, surface aerator, or submersed aerator can enhance their activity.

MECHANICAL HYDRO-RAKING

In cases of significant muck and debris build-up, experts can use a floating barge equipped with a specialized clamshell bucket to

physically remove hundreds to thousands of pounds of nutrient-rich material. This can also help restore several feet of depth back to the pond, limiting flood risks.

These strategies are highly effective at targeting excess phosphorus in the waterbody, but it’s also imperative to prevent additional nutrients from invading the ecosystem. Such efforts start outside of the water and can involve residents, landscapers, and other employees.

BUFFER MANAGEMENT

While many communities desire an unobstructed view around their ponds, it’s favorable to maintain a healthy buffer of beneficial vegetation around the perimeter. These plants act as a protective barrier, filtering rainwater and capturing nutrients and debris before they enter the pond. A well-curated buffer should incorporate native plants that densely extend 3-5 feet from the shoreline and receive regular trimming and maintenance.

SHORELINE RESTORATION

Pond erosion is not just an eyesore and safety hazard, it allows sediment to build-up in shallow areas around the shoreline. Tree roots, pipes, and other buried equipment can become exposed as sediment deteriorates. Experts can employ bioengineering techniques that physically reshape and anchor the shoreline in place, preventing future collapse and erosion. Sod or vegetative buffers can be installed directly on top to blend in harmoniously with community landscaping.

Nutrients play a major role in the health and appearance of community water bodies, but they are only part of the equation. Maintaining balanced levels of pH, dissolved oxygen, alkalinity, and salinity is essential for clean, weed- and algae-free water. An ongoing management program tailored to your community’s specific goals and budget is one of the most effective ways to ensure your waterbody remains healthy, beautiful, and functional for years to come.

SOLitude’s team of aquatic scientists specialize in providing customized lake, stormwater pond, wetland and fisheries management programs. Services include water quality testing and restoration, algae and aquatic weed control, installation and maintenance of fountains and aeration systems, shoreline erosion control, muck and sediment removal and invasive species management. Contact SOLitude at 855-534-3545 or visit solitudelakemanagement.com.

Erosion Control
Zach Roth
Barry Ansbacher
Alejandra Gonzales Hannah Rullo

Dangers of Presumption

Once upon a time (as the story is told by Max Lucado in his book, Eye of the Storm), there was a very poor woodcutter who had a beautiful white horse. The horse was coveted by many including the king who was willing to pay a high price for him. The townspeople thought he should sell the horse. The old man refused saying the horse was part of his family. One day, the horse was gone. All the townspeople came to grieve with him but chastised him reminding him he should have sold the horse. This misfortune will make him poor forever. The old woodcutter replied, “All I know is the horse is not in the barn. Whether I’ll be rich or poor is not for you to judge.”

As the story goes the horse returns with a dozen other horses. Now all the townspeople gathered around him celebrating because of his good fortune exclaiming what a blessing – he’ll be rich. But when the old woodcutter spoke, he said “Again, you have gone too far. All I know is the horse has returned with other horses. Whether I’ll be rich or poor no one can judge.”

The story goes through several of these good/bad circumstances and conversations between the old woodcutter and the townspeople. Each time, the old man would stick to the facts and not presume the future.

You can hear examples of presumption every day on the news, in the clubhouse, on the golf course, in restaurants, during marital conflicts, and at board meetings. The people in these conversations will take facts and then add their opinion. Their opinions will likely presume an outcome or worse, presume another’s motives. Presuming outcomes can become a habit and will lead to worry and anxiety. Presuming motives leads to misunderstanding, conflicts, and irreparable damage to relationships.

When you presume the motives of others, you will likely assign a negative one. One that presumes the person’s actions are directed at

Continued on page 42

MANAGER DEVELOPMENT

you. They may be but maybe they are not. The result is that future conversations with this person are met with suspicion. Presuming motives erodes trust and goodwill. You could have taken the time to have a conversation with that person to clarify their words or actions. Without that conversation, you may have come to an incorrect conclusion. That wrong conclusion will cause you to make a wrong decision, whether the decision is a course of action or an opinion of that person.

Decisions need to be made based on facts. Facts come from conversations that involve active listening. Not the kind of conversations where you are defensive and talk over the other person.

A good habit to develop is to listen to people’s words and take them at face value. If they say “yes” or “no” don’t try to read between the lines to determine if they “really” meant “yes” or “no.” If the person you are talking to can’t be honest with their answer and reasons, then you should not be forced to become a mind reader and guess what they “really” meant. That creates an insane relationship whether at work or at home.

Some of you will remember the old TV show, Dragnet and Joe Friday’s famous line. “Just the facts ma’am, just the facts.” He did not want your opinions.

Generalizations can include presumption and exaggeration. Listen to yourself and count how many you make in a day. Examples are:

“You always…..”

“They are all….”

“You never….”

“You should have known that I meant….”

“You only say that because….”

Once formed, negative impressions are hard to overcome. Just ask the couple in marriage counseling. Marital conflict always involves generalizations and accusatory language like the ones above.

Think about the conflict among your board members. Board members presume, generalize, and exaggerate and create vicious cycles of misunderstanding and mistrust, making it difficult to resolve disagreements peacefully. Votes are split, with losing board members sabotaging the decision by stirring up dissension in the community. Board members are recalled, or board members quit. The community will eventually have no board members.

This leaves those owners who are willing to sit on boards saying, “It is difficult to talk with you when you have already drawn a conclusion.” Jumping to conclusions about other’s motives can leave you in a difficult position for moving ahead. Jumping to conclusions about the future is also unproductive.

Whether you’re saying “what if” I can’t afford to live here, or what if I won’t be able to sell my home, or what if investors buy everything, each of these creates worry and fear and likely a wrong conclusion or decision. It is presumption. All you know right now is that board members and CAMs are in difficult territory with the SIRS and Milestone Inspection deadlines looming. Owners jumping to conclusions doesn’t help. Board members need facts, expertise, and creative ideas in sorting out the current legal and financial mazes.

Not presumption.

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

Understanding Florida’s HB 1021: A Step Toward Improved Governance of Condominium Associations

Florida House Bill 1021 represents a significant reform in the governance of condominium associations, aiming to enhance transparency, accountability, and the overall management of community living, thereby protecting the rights of unit owners and fostering harmonious living environments.

In Florida, where condominium living is a popular choice for many residents, the governance of condominium associations has come under scrutiny. Issues such as transparency in financial dealings, the management of common areas, and the enforcement of rules often lead to conflicts among residents. House Bill 1021 (HB 1021) seeks to address these concerns by introducing reforms aimed at improving the governance of condominium associations. What are the key provisions of HB 1021, its implications for condominium governance, and the potential benefits for unit owners.

KEY PROVISIONS OF HB 1021:

HB 1021 introduces several important changes to the governance of condominium associations in Florida. One of the primary focuses is to enhance transparency in the financial operations of condominium associations. The bill mandates that associations provide detailed financial statements to unit owners, including budgets and expenditures, thereby ensuring that owners are informed about how their fees are being utilized. The bill also includes provisions that protect and strengthen the rights of unit owners. This includes the right to access certain documents and records of the association, ensuring that owners can hold their boards accountable for decisions that affect their community.

HB 1021 aims to streamline the election process for board members by implementing clearer guidelines and procedures. This is

intended to encourage greater participation from unit owners and ensure that elections are conducted fairly and transparently. The bill also addresses the role of management companies in condominium governance. It establishes standards for management practices and requires that management companies act in the best interests of the associations they serve, thereby reducing potential conflicts of interest. Finally, to address conflicts that may arise within condominium communities, HB 1021 proposes mechanisms for dispute resolution. This includes mediation and arbitration options, which can help resolve issues without resorting to lengthy and costly litigation.

SPECIFICALLY, HB 2021:

» Mandates that community association managers and CAM firms must return all community association records within 20 business days of termination of a services agreement or upon written request. Noncompliance can result in license suspension and civil penalties.

» Introduces conflict of interest disclosure requirements and outlines a process for associations to follow when approving contracts with CAMs or their relatives that may present a conflict of interest. For instance, if an association receives a bid exceeding $2,500 from a CAM or a related party, it must solicit multiple bids from other providers.

» Provides that previously exempt, four-family dwellings with three or fewer habitable stories above ground are now included under milestone inspection requirements.

» Requires associations to make efforts to recover lost or destroyed official records and allows for unit owners’ email addresses and fax numbers to be accessible if consent is given; decreases the

Continued on page 46

COMMUNITY ASSOCIATION PROGRAM

LEGISLATION

threshold for maintaining specified records on an association’s website from 150 units to 25 units and requires associations to maintain additional financial records.

» Requires Associations to respond to records requests with a checklist of provided documents, and the Division of Condominium, Timeshares, and Mobile Homes is authorized to access association websites to investigate complaints.

» Establishes criminal penalties for violations related to official records, including misdemeanors for repeated violations and felonies for willfully refusing to release records or engaging in fraudulent activities.

» Prohibits Associations from reducing the type of financial statement for consecutive years and must notify unit owners when a structural integrity reserve study (SIRS) is available for inspection.

» It allows Associations to pause reserve funding if the building is deemed uninhabitable due to a natural emergency.

» Compels Associations with 10 or more units to meet quarterly, allowing members to ask questions about construction, repair projects, and financial matters.

» Sets education requirements for newly elected or appointed directors, mandating completion of an approved education course and annual continuing education on recent changes to condominium laws.

» Compels Associations to notify unit owners of potential voting rights suspension due to nonpayment at least 90 days before an election and allow for electronic voting.

» Standardizes definitions and responsibilities for hurricane protection maintenance and repair costs between unit owners and associations.

» Revises prohibitions against strategic lawsuits against public participation (SLAPP suits), protecting unit owners from retaliation by associations for reporting complaints or making public statements.

» Expands the division’s jurisdiction to include various governance and financial aspects of associations, ensuring oversight and accountability.

IMPLICATIONS FOR CONDOMINIUM GOVERNANCE:

The passage of HB 1021 is likely to have significant implications for condominium governance in Florida. By enhancing transparency and accountability, the bill aims to foster a sense of trust between unit owners and their associations. This could lead to more active participation from residents in community affairs and a greater willingness to collaborate on issues affecting their living environment.

Moreover, by establishing clear guidelines for financial management and board elections, HB 1021 seeks to minimize conflicts and improve the overall functioning of condominium associations. This can lead

to better decision-making, improved maintenance of common areas, and a more harmonious living atmosphere.

POTENTIAL BENEFITS FOR UNIT OWNERS:

The reforms introduced by HB 1021 hold several potential benefits for unit owners:

1. Informed Decision-Making: With increased access to financial information and documentation, unit owners can make more informed decisions regarding their community and participate actively in governance.

2. Enhanced Community Engagement: The improvements in election processes and dispute resolution mechanisms are likely to encourage greater engagement among residents, fostering a stronger sense of community.

3. Protection of Rights: By safeguarding the rights of unit owners, the bill empowers residents to hold their associations accountable, ensuring that their voices are heard in the decision-making process.

4. Conflict Reduction: The introduction of mediation and arbitration options can help resolve disputes more amicably, reducing tension within the community and promoting a more positive living environment.

Florida’s HB 1021 represents a significant step forward in the governance of condominium associations. By promoting transparency, accountability, and the protection of unit owners’ rights, the bill aims to enhance the quality of life for residents living in condominium communities. As the landscape of community living continues to evolve, the successful implementation of these reforms will be crucial in fostering harmonious relationships among residents and ensuring that condominium associations operate effectively and fairly. The passage of HB 1021 is not just a legislative achievement; it is a commitment to improving the lives of countless Floridians who call condominiums home.

Attorney D Jefferson Davis, founder of the Winter Parkbased JD Law Firm, provides his clients with services primarily in the following areas of law: Condominium Association Law, Homeowner Association Law, Real Estate, Residential Foreclosure Services (Lenders Only) and Business Litigation focusing on Curative Title Services for Investors. Attorney Davis’ personalized approach provides his clients with on demand access for their legal issues. He handles all matters personally and has done so since the firm’s inception. Attorney Davis is a member in good standing with the Florida Bar. He also holds a Florida Real Estate License, is a member of the Florida Bar Real Property, Probate and Trust Law Section & the Condominium and Planned Development Committee. For more information, call 407-864-1403 or email Jeff@TheJDLaw.com.

Hurricane Protections for Homeowners Associations

SUBMITTED BY JEFF CHASE, G&A CERTIFIED SOUTH ROOFING

Governor Desantis signed into law, effective immediately, Florida’s new Hurricane Protection Bill, House Bill 293, on July 1, 2024. This bill is one of many designed to begin solving the insurance crisis in Florida, by reducing future claims from storms. The new law requires homeowners’ associations (HOAs) to adopt hurricane protection guidelines that will “harden” Florida homes, protecting them from hurricane damage.

Hurricane hardening means changing or upgrading elements of a building and its openings to make it more durable and “less susceptible to damage from extreme wind, flooding, or flying debris,” according to an analysis of the bill. The bill primarily aims to ensure HOAs cannot block homeowners from installing various hurricane protection measures, including metal roofs, storm shutters, and impact-resistant windows.

The new law requires HOAs to adopt hurricane protection specifications for each structure or improvement on a parcel governed by the HOA. HOAs may still choose to enforce aesthetic guidelines, such as requiring homeowners to choose products that match the community’s overall aesthetic and adhere to certain guidelines regarding the external appearance of a structure or improvement on a parcel.

The most visible changes include metal roofs, storm shutters, and impact resistant windows, all of which are the most restricted ARC’s now permissible under the new law. Other hurricane protection measures include polycarbonate panels, reinforced garage doors, erosion controls, exterior fixed generators, and fuel storage tanks.

Continued on page

HOAS

Adding metal roofs to a community that is currently all shingle, or tile is going to create visual differences. It would be prudent for HOA’s to get ahead of these new changes creating Architecture Guidelines that identify colors, materials and processes that will continue to support the aesthetic appearance of their communities.

HOMEOWNERS

Be patient, this is new territory for your HOA. Homeowners should take time to familiarize themselves with their HOA’s updated hurricane protection guidelines. Homeowners can work with their HOA boards to ensure that all protections are aligned with House Bill 293 and are compliant with Florida’s very strict building codes.

https://www.myfloridahouse.gov/Sections/Bills/billsdetail. aspx?BillId=78865

MY SAFE FLORIDA HOME PROGRAM

The Florida Legislature also passed Senate Bill 7028, which replenished the My Safe Florida Home grants program with $200 million in funding. The My Safe Florida Home Program is a state program that helps single-family homeowners in Florida protect their homes from hurricanes by providing free, no-obligation home hurricane inspections that identify areas for improvement.

The program provides grants of up to $10,000 to help homeowners pay for recommended improvements. The state contributes $2 for every $1 spent by the homeowner, up to a maximum of $10,000.

The program’s goal is to help homeowners reduce their insurance rates. The program is open to owners of site-built, single-family residential homes or townhouses in Florida. Eligibility is based on income, with “low income” defined as 80% or less of the median household income of the applicant’s county.

The program has been popular, but funding has been exhausted multiple times. When the program opens for new applications, funding for initial inspections quickly runs out. Applications are reviewed and approved in the order they are received until current funding is exhausted. You can check the My Safe Florida Home website for updates on funding. You can also call 1-866-513-6734 for more information.

For more information, visit www.ADryRoof.com.

Be sure to update your board’s member names, titles (President, Vice President, Treasurer, Secretary, and Board Member), and contact information to ensure your board members receive all the latest CAI member benefits!

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