Property Management Blog - Condominium Associates

Financial Oversight: Building a Stronger Community Through Smart Budgeting

Mon, 01 Jun 2026 16:32:08 GMT

BOARD NEWS AND EDUCATION - JUNE 2026

Dear Board Member,

We are moving into the 2027 budget preparation season. Accordingly, June’s focus is on financial oversight, budgeting, and long-term financial planning. In addition to this newsletter, I have developed a new four-hour webinar for board members titled, Understanding Financials, Building Budgets, and Protecting the Financial Future of the Community. This discussion centers around three important questions:

• Where are we financially today?

• What financial decisions and obligations are ahead over the next year?

• How do we protect the long-term financial future of the community?

I am currently waiting for course approval of this webinar as a four-hour CEU for Homeowner’s Association Board Members. My goal as always is pique interest, stimulate thinking and provide solutions. Hopefully, we provide something that resonates.

— Be well. Doug Jenkins, Director of Learning & Development

Upcoming Online Board Education Events:

Individual Registration is required for all courses*.

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium Association Board

Members Subject to Florida Statute 718

July 15, 2026 1:00PM - 5:00PM

Registration Link for the July 15, 2026, Condominium Course

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners' Association Board

Members Subject to Florida Statute 720.

July 8, 2026 1:00PM - 5:00PM

Registration Link for the July 8, 2026, Homeowners Association Course

2025/2026 Legislative Update - Condo Board Member One Hour CEU

June 24, 2026 4:00PM - 5:00PM

Registration Link for the June 24, 2026, Condo CEU

Understanding Financials, Building Budgets, and Protecting the Financial

Future of the Community (Pending 720 HOA Board CEU Approval)

This four-hour educational course is designed to provide Condo and HOA board members with a practical and comprehensive understanding of association financial operations, budget preparation, and long-term fiscal stewardship.

June 23, 2026 1:00PM - 5:00PM

Registration Link for the June 23, 2026

*Proposed DBPR changes to Board Education guidelines will require that all attendees use their own unique registration links to qualify for attendance and completion. If you do not register and attend using your own link, you may not receive credit for attendance.

Upcoming In-Person Board Education Event

We are excited to announce our Learning and Development group members will be participating in (as schedules permit) In-Person Board Education Events. In June we will be with Condominium Associates and Hill Tannenbaum, Attorneys at Law, for a Board Member Masterclass. All Board Members are welcome.

Registration is required.

Date : June 10

Location : The ORA, 578 McIntosh Rd., Sarasota, FL 34232

Schedule :

11:00AM Condo Legal Update CEU – Doug Jenkins & Tatianna Martinez
11:00AM HOA Assessment Collections CEU – Hill Tannebaum
12:45PM Condo & HOA Board Financial Literacy – Doug Jenkins & Tatianna Martinez
2:00PM Condo & HOA Short-Term Rental Restrictions - Hill Tannebaum

Flyer Information Link Registration Link

Myth vs. Reality: Association Financial Oversight

❌ Myth #1

“If the association has money in the bank, the community must be financially healthy.”

✅ Reality

A strong bank balance alone does not always mean the association is financially stable. Boards must also evaluate reserve obligations, unpaid liabilities, deferred maintenance, delinquency levels, and upcoming capital projects. A community may have substantial cash today but still face long-term financial pressure if reserves are underfunded or major repairs are approaching.

❌ Myth #2

“Budget variances automatically mean someone did something wrong.”

✅ Reality

Not all variances indicate overspending or poor management. Some differences occur because of timing issues, seasonal expenses, insurance renewals, contract billing cycles, or delayed repairs. The board’s responsibility is to understand the reason behind the variance and determine whether it represents a temporary timing issue or an ongoing financial trend.

10 Habits of Financially Focused Boards

Waiting too long to send the first communication
Failing to clearly define where official updates will be posted
Sending inconsistent messages from multiple sources (board vs. management)
Overcommunicating without substance—or under communicating when it matters
Not setting expectations for update frequency
Using only one communication channel (email or text, but not both)
Providing information without clearly stating “what happens next”
Failing to acknowledge uncertainty (silence often creates more concern than honesty)
Communicating decisions without explaining the reason behind them
Going quiet after the storm when communication is needed most

Budgets Are More Than Just Numbers

By Doug Jenkins

One of the most important responsibilities of a board is developing and adopting a realistic annual budget. Associations, however, are facing financial challenges that communities did not experience to the same degree rjust a few years ago.

For many owners and board members, today’s financial pressures naturally bring back memories of the real estate and financial challenges experienced during the 2008 housing crisis. While there are similarities —including affordability concerns, rising costs, and economic uncertainty — many of today’s challenges are different in nature. Current pressures are less tied to risky lending practices and collapsing home values, and more connected to increasing insurance premiums, inflation, aging infrastructure, statutory reserve funding obligations, and the rising cost of operating and maintaining communities. As a result, many boards are finding themselves in the difficult position of balancing short-term affordability concerns with the long-term financial stability.

The budget is more than just numbers — it is a strategic plan guiding the community’s future. Like a successful coach preparing for a new season, strategic board leadership requires vision, discipline, preparation, sound judgment, adaptability, patience, and the ability to balance immediate pressures with long-term goals.

10 Things Board Members Should Consider When Creating the Association Budget

The budget is the is the association’s operational and financial game plan. It identifies objectives, evaluates available resources, anticipates potential challenges, and outlines the actions needed to move forward successfully. Boards should be thoughtful not reactionary.
The board has the fiduciary responsibility to approve the budget. Managers, accountants, reserve specialists, and vendors assist with information, but the board makes the final decisions.
Building a responsible budget requires balancing affordability and sustainability. Boards must consider both current owner concerns and the long-term needs of the community.
Insurance, utilities, and contract costs often rise faster than expected. Many budget pressures are market-driven and outside the board’s direct control. Anticipate.
Reserve funding is part of responsible budgeting — not optional planning. Underfunding reserves today will lead to large special assessments later.
A “flat” budget is not always a healthy budget. Keeping assessments artificially low will result in deferred maintenance, reduced services, or future financial instability.
Trend analysis is critical. Boards should review multi-year trends for insurance, utilities, repairs, delinquency levels, and vendor pricing. Prepare for the obvious cycles.
Responsible budgets account for the unexpected. Emergency repairs, severe weather, infrastructure failures, and other unforeseen events can create sudden financial pressure on the association. Resilient budgets avoid planning so financially “tight” that the community has little flexibility to respond to unexpected challenges.
Delinquencies directly affect operational stability. Every unpaid assessment reduces available operating cash and increases financial pressure on paying owners. Accurately projecting anticipated delinquency is essential.
Trust is one of the community’s most valuable financial assets. Open budget workshops and meetings that allow owners to observe and better understand the discussion, challenges, and decision-making process can help strengthen owner confidence and trust in the financial decisions being made by the board.

While budget discussions can sometimes become difficult or emotional, they are ultimately centered around

protecting the long-term stability, maintenance, and quality of life within the community. By approaching the

budgeting process thoughtfully, transparently, and with a focus on both present needs and future obligations,

boards help create communities that remain financially stable, properly maintained, and positioned to support owner satisfaction well into the future.

Financials: Looking Beyond the Data

By Doug Jenkins

One of the most important responsibilities of a board member is financial oversight. While most directors do not have accounting backgrounds, they are entrusted with making governance decisions that directly affect the financial health, maintenance, and long-term stability of the community.

Financial oversight requires that board members understand the association's financial condition well enough to ask questions, evaluate information, identify emerging risks, and make informed decisions. Effective boards recognize that financial reports are not simply historical records of what has already happened; they are governance tools that help identify trends, opportunities, and potential concerns before they become larger problems.

Communities rarely experience financial difficulties overnight. More often, challenges develop gradually through increasing expenses, deferred maintenance, inadequate reserve funding, growing delinquencies, aging infrastructure, or changing market conditions. Boards that routinely review financial information and engage in thoughtful discussion are better positioned to recognize potential concerns early and respond appropriately. Asking questions is not a sign of inexperience; it is one of the most important aspects of effective governance.

How to Look Beyond the Data:

Key questions as you review the monthly financials:

Do we currently have enough operating cash?
Are total expenses within budget year-to-date?
What are the largest budget variances and why?
Are any expenses showing upward trends?
Are any repairs or maintenance items being postponed?
Is delinquency increasing or improving?
Are reserve balances keeping pace with future obligations?
Are there any upcoming insurance or contract increases we should prepare for?
Are there any financial risks that could affect next year’s budget?
Are our current decisions protecting the long-term financial health of the community?

Financial oversight is not limited to reviewing the current month's numbers. Effective boards also look for patterns over time. A single month's financial report rarely tells the entire story. Reviewing trends over multiple months or years often provides greater insight into the association's financial position and can help boards identify opportunities for improvement before significant issues develop.

Key questions for Board Self-Evaluation:

Do we understand the association’s largest financial risks?
Are we planning ahead or simply reacting to problems as they arise?
Are we communicating financial realities clearly to owners?
Are we comfortable asking questions during financial discussions?
Are we addressing maintenance proactively or delaying projects?
Are we reviewing long-term trends instead of focusing only on monthly numbers?

Skilled financial oversight begins with simple, honest discussion. It requires curiosity, preparation, transparency, and a willingness to understand both the challenges and opportunities facing the community. Boards that remain engaged in understanding the financial health of the association are better equipped to make thoughtful decisions, navigate changing economic conditions, and protect the long-term interests of the owners they serve.

Getting the Board Aligned by Managing Personalities, Egos, and Mission

Wed, 20 May 2026 18:52:24 GMT

Serving on a community association board means working with a mix of personalities, backgrounds, and motivations. Some board members are natural collaborators. Others bring strong opinions, big egos, or a tendency to dominate the conversation. When personalities clash, the board’s mission can get lost in the noise. But with the right approach, even a group of strong-willed volunteers can align around what matters most: serving the community.

This article breaks down practical strategies for managing personalities, keeping egos in check, and building a board culture that puts the mission first.

Understanding the personalities in the room

Every board has its cast of characters. There’s the board member who always has the loudest voice, the one who grumbles from the sidelines, and the one who tries to do everyone else’s job. These behaviors aren’t just quirks — they can derail meetings, stall decisions, and create lasting tension.

Recognizing these patterns is the first step. Common types include:

The Bully: Uses intimidation or manipulation to sway votes.
The Conversation Hog: Talks over others and dominates meetings.
The Grouch: Spreads negativity and complains about fellow board members.
The Interloper: Oversteps their role and meddles in others’ responsibilities.

If left unchecked, these behaviors can send the board off course. But with structure and a little courage, they can be managed.

Setting the tone: Board culture starts at the top

A board’s culture is shaped by its leaders. The president and other officers set the tone for how disagreements are handled, how meetings are run, and how the mission is prioritized. When leaders model respect, transparency, and a focus on the community’s needs, others tend to follow.

Boards that thrive usually have a few things in common:

Clear expectations for conduct and communication.
A willingness to address problem behaviors directly.
A shared understanding of the board’s mission and priorities.

If your board hasn’t talked about these topics, it’s not too late. Consider adopting a code of conduct or holding a workshop on board roles and responsibilities. Sometimes, just naming the problem is enough to start changing the dynamic.

Practical strategies for managing egos and difficult personalities

1. Establish a strict agenda and stick to it

A well-structured agenda keeps meetings on track and prevents any one person from taking over. Share the agenda in advance, sequence the hardest topics first, and assign time limits for each item. If someone tries to dominate, gently redirect the conversation back to the agenda.

2. Give everyone a chance to speak — but don’t let negativity take over

Let each board member share their perspective, but don’t allow the conversation to spiral into complaints or personal attacks. If a grouch starts to dominate, acknowledge their point and then move the discussion to more optimistic voices.

3. Address problem behaviors privately and directly

If a board member’s behavior is causing issues, have a kind but firm conversation outside the meeting. Focus on the impact of their actions, not their personality. Give them a chance to change, but be clear about expectations.

4. Use a mediator if needed

Sometimes, outside help is necessary. A neutral third party — such as a professional mediator or your association manager — can help resolve conflicts that the board can’t handle internally.

5. Rotate roles and responsibilities

If one person always leads or always takes notes, others may disengage or feel sidelined. Rotating roles gives everyone a stake in the process and helps prevent power struggles.

6. Celebrate wins and recognize contributions

Simple gestures — like a thank-you note or a shout-out in the newsletter—can boost morale and remind everyone why they serve. Recognition helps keep egos in check by focusing attention on the mission, not individual agendas.

Communication: The glue that holds the board together

Strong communication is the antidote to most board dysfunction. When board members know what to expect, have access to information, and feel heard, there’s less room for misunderstandings and ego-driven drama.

Best practices include:

Regular updates from the manager and board president.
Online portals for sharing documents, meeting minutes, and financials.
Defined timeframes for returning calls and emails.
Scheduled check-ins outside of formal meetings.

When communication is predictable and transparent, trust grows. Meetings become more productive, and the board can focus on leadership and planning instead of putting out fires.

Aligning around the mission

It’s easy to get bogged down in personalities and politics. But the board’s real job is to serve the community — protecting property values, maintaining common areas, and fostering a sense of belonging. When disagreements arise, bring the conversation back to the mission. Ask: “What’s best for the community?” rather than “Who’s right?”

Boards that revisit their mission regularly — whether through retreats, workshops, or simple reminders at the start of each meeting — are better equipped to weather personality clashes and stay focused on what matters.

Preventing burnout and keeping volunteers engaged

Personality conflicts and unchecked egos are major drivers of volunteer burnout. When meetings feel like battlegrounds, good people step down. To keep your board engaged:

Share the workload. Don’t let one or two people shoulder all the responsibility.
Use technology to automate routine tasks and free up time for strategic work.
Offer training and educational opportunities for new and experienced board members.
Encourage open, respectful communication — even when you disagree.

[BEGIN SUPPLEMENT — The following content is not sourced from the CA grounded library; requires review]

Building emotional intelligence as a board

Emotional intelligence — the ability to recognize and manage your own emotions and those of others — is a powerful tool for any board. Boards that invest in self-awareness, empathy, and conflict resolution skills are better equipped to handle strong personalities and keep meetings productive. Consider inviting a facilitator to lead a session on emotional intelligence or providing resources for board members to develop these skills.

Setting ground rules for debate

Healthy debate is essential, but it needs boundaries. Establish ground rules for discussions: no interrupting, no personal attacks, and a commitment to listen before responding. Remind the board that disagreement is normal, but disrespect is not acceptable.

The role of onboarding and mentorship

New board members often struggle to find their footing, especially in a group with established personalities. A structured onboarding process and mentorship from experienced members can help newcomers understand the board’s culture and expectations, reducing friction and aligning everyone around the mission.

Practical takeaway

Managing personalities and egos isn’t about changing who people are — it’s about creating a structure where everyone can contribute, disagreements are handled respectfully, and the board’s mission stays front and center. With clear expectations, strong communication, and a willingness to address issues head-on, your board can move from conflict to collaboration.

If your board is working through personality clashes or struggling to stay aligned, CA’s team can help you build a healthier, more effective board culture — one that serves your community and keeps volunteers engaged.

Special Hurricane Season Issue

Sun, 03 May 2026 11:13:32 GMT

BOARD NEWS AND EDUCATION - MAY 2026

Dear Board Member,

As we enter hurricane season, I wanted to focus this month’s newsletter on both preparation and perspective. You’ll find practical guidance on how boards can prepare their communities—communication planning, coordination with management, property readiness, and documentation—but also a broader look at how leadership is experienced during uncertain moments. My observation is that the communities that navigate storms most effectively are not just the most prepared, but the most aligned, clear, and steady in how they communicate and respond.

At the same time, I share what I believe is a hope we all have—that this preparation ultimately proves unnecessary, and that the season passes without significant storms impacting our communities. That outcome would be the best one for everyone. Until then, thoughtful planning and steady leadership remain the best tools we have. I appreciate the time, care, and commitment you bring to your role. It makes a meaningful difference when your community looks to you for guidance.

— Be well. Doug Jenkins, Director of Learning & Development

10 Things to Do with Your Management Company

1. Conduct a pre-season planning meeting

2. Review and finalize the community Hurricane Plan

3. Confirm roles and decision authority

4. Identify and prioritize emergency vendors

5. Review communication templates and channels

6. Verify access to critical records and backup systems

7. Walk the property to identify risk areas together

8. Review insurance process and documentation expectations

9. Establish post-storm inspection and response workflow

10.Set realistic expectations regarding response times during major events

Top 10 Communication Mistakes During Hurricane Season

1. Waiting too long to send the first communication

2. Failing to clearly define where official updates will be posted

3. Sending inconsistent messages from multiple sources (board vs. management)

4. Overcommunicating without substance—or under communicating when it matters

5. Not setting expectations for update frequency

6. Using only one communication channel (email or text, but not both)

7. Providing information without clearly stating “what happens next”

8. Failing to acknowledge uncertainty (silence often creates more concern than honesty)

9. Communicating decisions without explaining the reason behind them

10.Going quiet after the storm when communication is needed most

Myth vs. Reality

❌ Board Myth

“Our management company has this covered.”

✅ The Reality

Management executes the plan—but the board defines it.

Management companies bring experience, vendor relationships, and operational structure. But effective hurricane response does not come from management alone—it comes from alignment between the board and management before the storm.

Without that alignment:

• Decision authority may be unclear

• Priorities may not reflect the board’s expectations

• Response can become reactive instead of structured

The strongest communities are not the ones with the most capable

management companies. They are the ones where the board has

clearly defined:

• Expectations

• Decision authority

• Communication approach

• And what success looks like in a storm response

�� Key Takeaway: Do not assume your management company “has it covered.” Ensure you have defined what “covered” means

May Online Board Education Events:

Registration is required for all courses.

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium

Association Board Members Subject to Florida Statute 718

May 27, 2026 1:00 PM-5:00 PM

Registration Link for the May 27, 2026, Condominium Course

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners'

Association Board Members Subject to Florida Statute 720.

May 21, 2026 1:00 PM-5:00 PM

Registration Link for the May 21, 2026, Homeowners Association Course

2025/2026 Legislative Update - Condo Board Member One Hour CEU

An overview of 2025 Florida House Bill 913 (HB 913), as well as updates from

the 2026 Legislative Session. This discussion qualifies as a Condominium Board

Member One Hour CEU.

May 14, 2026 4:00 PM-5:00 PM

Registration Link for the May 14, 2026, Condo CEU

Community Association Insurance

This course offers Board Members a comprehensive understanding of insurance

requirements, risk management, statutory compliance, and coverage types applicable

to condominium and homeownersì associations under Florida law.

May 13, 2026 4:00 PM-5:00 PM

Registration Link for the May 13, 2026, Condo CEU

Before the Storm: A Board’s Role in Preparing the Community for Hurricane Season

By Doug Jenkins

Preparation Begins Before the Forecast

Hurricane preparedness is often framed as an individual responsibility—stocking supplies, securing

personal property, and making evacuation plans. But for community association boards, preparedness is

also a governance responsibility. A well-prepared board does more than react to a storm. It creates clarity,

structure, and confidence for the entire community before the first storm ever forms. The goal is not

perfection, it is readiness.

Start with Communication

In a hurricane, uncertainty creates anxiety faster than the storm itself. Boards should work with

management to establish a clear communication plan, defining primary communication channels such as

email, text alerts, portals, or websites, determining who communicates, and setting expectations for when

updates will be sent before, during, and after a storm. Owners should know where updates will be posted,

how often communication will occur, and what types of decisions may need to be made quickly. Consistency

matters more than volume. Even a simple message that says “no change at this time” builds trust.

Meet Early with Management and Vendors

Preparation should not begin when a storm is named. Boards should align early with management and key

vendors by meeting in advance to review storm protocols, confirming emergency vendor relationships, and

identifying priority response partners. It is important to understand whether vendors are under contract or

simply on-call, whether they are committed during high-demand periods, and what response times can be

expected. Communities that plan early are serviced first.

Address Physical Risk Before It Becomes Damage

Boards should also take a proactive look at the physical condition of the community. This includes

inspecting drainage systems, gutters, and stormwater paths, identifying tree or landscaping risks,

confirming roof and building envelope conditions, and securing or planning for common area furniture and

equipment. Deferred maintenance becomes exposed during storms. This is not just a maintenance issue—

it is a risk management issue.

Protect Information and Critical Records

After a storm, access to information becomes just as important as physical recovery. Boards should ensure

that critical information—insurance policies, governing documents, emergency vendor lists, utility contacts,

and board and management contact trees—is organized, current, and accessible. Best practice is to store

this information digitally in a centralized system with a backup access method. If key information lives in

one person’s inbox, it is not truly accessible.

Know Your Community’s Risk Profile

Preparedness also requires understanding the community’s specific risk profile. Boards should confirm

whether the property is located in a flood zone, understand wind exposure and building vulnerabilities, and

review prior storm history and claims. This information informs insurance decisions, reserve planning, and

emergency response priorities. Preparedness improves when it is specific, not generic.

Review Coverage and Clarify Authority

Before the season begins, boards should review insurance coverage and claims processes, confirming

coverage types, limits, and deductibles, understanding what triggers a claim, and clarifying who initiates

and manages it. Boards should also understand inspection timelines and documentation requirements after

a storm. Confusion during a claim delays recovery. Clarity before the storm accelerates it.

Storm situations often require quick decisions, so boards should define decision-making authority in

advance. This includes determining what authority is delegated to management, what decisions require

board involvement, and how emergency approvals will occur if meetings are not feasible. This alignment

avoids delays when timing matters most.

Set Owner Expectations Early

While individual preparedness is not the board’s responsibility, community awareness is. Boards should

communicate general preparedness reminders, association-specific procedures, and clear expectations

about what the association will and will not handle. This reduces confusion and unrealistic expectations.

Plan for the First 24 Hours After the Storm

Recovery begins immediately after the storm passes. Boards should anticipate initial property

inspections, safety assessments, debris removal coordination, and communication to owners on next

steps. One of the most valuable messages a board can send is simple: “Here’s what we know. Here’s

what we’re doing. Here’s what comes next.”

Confidence Comes from Preparation

Owners may never see the preparation work that happens before a storm, but they will feel it in clear

communication, organized response, and consistent decision-making. Prepared boards do not eliminate

storms. They reduce confusion, accelerate recovery, and strengthen trust in the community’s leadership.

Do Not Overlook Documentation

One of the most valuable and often overlooked steps a board can take is to document the condition of the

property before hurricane season begins. Boards should work with management to take dated photos

and videos of all common areas, including building exteriors, roofs where accessible, amenities, signage,

landscaping, and any recently completed projects or improvements. (See the Pre-Storm Photo & Video

Checklist)

These files should be stored in a centralized, accessible location. This documentation becomes critical

after a storm, making it easier to demonstrate pre-storm conditions to insurance carriers, support and

defend claims, distinguish between new damage and pre-existing conditions, and reduce disputes and

delays. Without it, associations are often left trying to prove conditions after the fact. With it, the process

becomes clearer, faster, and more defensible.

As a best practice, boards should assign responsibility in advance by determining who will take the

photos or videos, where they will be stored, and who will have access if systems are down. Like most

elements of hurricane preparedness, the value is not in the task itself, it is in the clarity it creates when it

is needed most.

What to Expect from Management

A strong partnership between the board and management company is one of the most important factors

in how effectively a community navigates a storm. Boards should understand what to expect from

management before, during, and after a storm. Before the storm, management should coordinate

communications, assist with vendor identification, provide guidance on risk areas, and help organize key

documents. During the storm, communication may be limited as safety and compliance with emergency

orders take priority, and boards should recognize that response is often paused, not absent.

Immediately after the storm, management plays a critical role by coordinating inspections, communicating

conditions, engaging vendors, documenting damage, and initiating restoration efforts. As recovery

continues, management supports vendor coordination, insurance claims, financial tracking, and ongoing

communication.

It is also important to recognize that management companies are often supporting multiple communities

simultaneously during major events. Response times and communication may vary based on severity

and access, and resources are actively coordinated across communities. This is not a lack of service, it is

the reality of large-scale event management.

A Written Hurricane Plan Matters

Boards should also expect their management company to assist in developing a community specific

Hurricane Plan aligned with board expectations. This plan should be documented, reviewed, and updated

periodically and should include defined roles and authority, a clear communication framework, identified

vendors and response sequences, preparation protocols, insurance procedures, recovery workflows, and

backup systems. The board’s role is not to write the plan, but to ensure it exists, is understood, and aligns

with the community’s needs. (See the What a Hurricane Plan Looks Like Quick Reference)

Steady in the Storm: The Board’s Role Beyond Preparation

By Doug Jenkins

Hurricane preparation is often measured in checklists—vendors confirmed, communications sent, property

secured. But when a storm approaches, something else becomes just as important: how you lead. Not just

what decisions are made, but how those decisions are experienced by the community you serve. Because in

moments of uncertainty, boards are not simply governing—they are anchoring the community.

Board members are volunteers—neighbors, professionals, parents, retirees. And yet, in a storm, they become something more. They become a source of direction, a point of reassurance, and a visible presence of

leadership. Owners may not say it directly, but they are watching. They are looking for signals: Is someone

paying attention? Is there a plan? Are we going to be okay? Understanding this is not about pressure—it is

about purpose.

In high-stress situations, tone travels faster than information. A single message—clear, measured, and

confident—can settle an entire community. Likewise, silence or inconsistency can create anxiety far beyond

the actual conditions. This does not require having all the answers. It requires communicating with clarity,

consistency, and composure. Even a simple update that says, “We are monitoring the situation and will

update you again at [time],” provides stability.

Boards do not respond to storms alone. You have a management company, vendors, and professional

partners. Your role is not to manage every detail—it is to stay aligned with your management team, support

timely decisions, and maintain a clear direction. When boards and management move together, the

community feels it. When they do not, the community feels that too.

Storm situations create urgency, and urgency can create pressure to respond immediately, decide quickly,

and act without full information. But effective leadership is not reactive—it is intentional. Taking a moment to

confirm information, align with management, and communicate clearly is not delay—it is discipline. Speed

matters, but clarity matters more.

Owners do not experience communication as policy—they experience it as people. The messages that

resonate are direct, clear, and human. Not overly technical. Not overly formal. A tone that says, “We are here. We are paying attention. We will keep you informed.” That is what people remember.

One of the most powerful things a board can do is reduce uncertainty. Tell owners what you know, what you

do not yet know, and what they should expect next—and then follow through. Trust is built not just through

information, but through consistency over time.

Board members often carry the weight of responsibility quietly. But it is important to remember—you are not

only leading, you are also experiencing the storm. Maintaining your own sense of calm, taking a moment

before responding, and trusting the structure you have put in place are not separate from leadership—they

are part of it.

And while leadership often feels intangible, there are moments where simple, practical actions make a

meaningful difference

Pre-Storm Photo & Video Checklist (Common Areas)

This may be the most overlooked step in hurricane preparation. Capture now. Use later.

Boards should work with management to document the current condition of the community before hurricane

season.

BUILDINGS & STRUCTURES

☐ Building exteriors (all sides)

☐ Roof surfaces (if safely accessible)

☐ Gutters, downspouts, and drainage paths

☐ Balconies, railings, and stairways

☐ Entry features and signage

☐ Interior hallways, lobbies, and shared corridors

☐ Walls, ceilings, flooring, and lighting conditions

AMENITIES & COMMON AREAS

☐ Pool areas and equipment

☐ Clubhouse / interior common spaces

☐ Fitness rooms, courts, playgrounds

☐ Mailboxes, gates, and access systems

☐ Interior furnishings, fixtures, and finishes

☐ Recreational and shared-use equipment

GROUNDS & LANDSCAPING

☐ Trees and large landscaping features

☐ Retention ponds and drainage areas

☐ Fencing, walls, and lighting

☐ Parking areas and roadways

EQUIPMENT & BUILDING SYSTEMS

☐ Pool equipment and pump rooms

☐ Elevators and mechanical rooms (if accessible)

☐ Electrical panels and utility areas

☐ HVAC systems serving common areas

☐ Generators, fuel systems, and emergency equipment

EQUIPMENT (ASSOCIATION-OWNED ASSETS)

☐ Maintenance vehicles (trucks, carts, utility vehicles)

☐ Landscaping equipment (mowers, trimmers, blowers)

☐ Tools and maintenance equipment

☐ Storage rooms and inventory areas

☐ Any high-value or critical operational assets

RECENT PROJECTS / IMPROVEMENTS

☐ Roofing or painting projects

☐ Paving or concrete work

☐ Renovations or upgrades

☐ Any areas with recent repairs

KEY EXECUTION TIPS

✔ Use date-stamped photos or video

✔ Capture wide shots and close-ups

✔ Include both exterior and interior conditions

✔ Document equipment, inventory, and mechanical areas

✔ Store in a central, backed-up location

✔ Insure multiple people have access

What a Hurricane Plan Looks Like (Board + Management Quick Reference)

A simple framework every association should have in place before hurricane season.

COMMUNITY INFORMATION

Community Name
Physical Address
Property Type and Description
Flood Zone
Key Risk Factors

KEY CONTACTS – Email and Phone Numbers

Management Company
Manager Name
Board President (Any Other Key Board Members)
Emergency Vendors (Debris Removal, Restoration / Mitigation, Roofing, Security)
Insurance Carrier and Agent
Emergency Services (Police, Fire & Rescue)
Resource Agencies (National Hurricane Center, NOAA, Florida Division of Emergency Management,
FEMA, Red Cross, Salvation Army, Local Emergency Management Office, Power Company, Weather
Channel)

ROLES & DECISION AUTHORITY

Management Authority (Pre-Approved Actions)
Board Required Approvals
Emergency Decision Process (if meeting not feasible)

COMMUNICATION PLAN

Primary Method and Secondary Methods: Email, Text, Portal, Website
Management Company to Board Communication – Type and Frequency
Owner Communications – Type and Frequency

PRE-STORM PREPARATION CHECKLIST – List with Action, Timing and Responsibility

Inspect drainage and stormwater systems
Secure common area furniture and equipment
Review building vulnerabilities (roof, envelope)
Elevators and Gates Secured

POST-STORM RESPONSE PRIORITIES

Life Safety Assessment
Property Damage Inspection
Owner Communication
Vendor Mobilization
Insurance Documentation

BACKUP & CONTINUITY

Plan Location and Access

Board Action - Be sure to confirm alignment on roles, authority, and communication. A hurricane plan does not prevent damage, it prevents confusion.

2026 Legislative Update

Thu, 02 Apr 2026 22:20:38 GMT

The 2026 Florida legislative session ended with far fewer HOA and condominium law changes than many expected.

After several years of sweeping reforms affecting community associations, the 2026 session closed on March 14 with only a handful of modest updates.

Two bills that generated significant discussion during the session did not ultimately pass

HB 657 — sometimes referred to as the “HOA Killer Bill.”
This proposal would have allowed homeowners, under certain circumstances, to vote to dissolve their HOA and included broader governance changes.

HB 465 — Community Association Governance Proposal.
This bill proposed expanded regulatory oversight and dispute resolution provisions for associations.

Because neither bill advanced through both chambers, no structural changes to association governance were enacted this year

Several smaller bills did pass both chambers and may become law, including

HB 803 – Building Permits and Inspections
HOAs and architectural review committees cannot require a government permit before reviewing an owner’s improvement request.

HB 797 – Nonprofit Corporations
Clarifies that association record requests are governed by Chapters 718 and 720, not the general nonprofit statute.

SB 104 – Florida Statutes Reviser Bill
A technical bill correcting statutory references and numbering.

Bottom line

While the 2026 session did not introduce major new requirements, this does not signal a reduced focus on community association governance. Instead, it reflects a pause following several years of significant legislative change, as many of those reforms—particularly in condominium safety, financial transparency, and governance practices—are still in the early stages of implementation. At the same time, the introduction and discussion of high-profile bills, even those that did not pass, provide insight into the direction of future legislative interest. Topics such as association termination, expanded oversight, and dispute resolution remain areas to watch, suggesting that the broader conversation around community association governance is still evolving.

Consistency is Credibility: Why Boards Lose Trust (Even When They’re Right)

Thu, 02 Apr 2026 22:19:08 GMT

It is important to recognize a common human tendency that applies to all of us, including board members: we are not always fully aware of how our actions are experienced by others. From the board’s perspective, decisions may feel thoughtful, reasonable, and well-intended. However, owners do not experience intent— they experience outcomes and the process surrounding them. This gap between intent and perception can lead to misunderstandings, particularly when communication is limited or inconsistent. What feels clear and appropriate internally may feel unclear or uneven externally. In community associations, this dynamic plays out every day and often shapes how boards are perceived. Understanding and addressing this gap is essential to building consistency, improving communication, and maintaining trust within the community.

Most boards do not struggle with intent. They want to do the right thing, follow the rules, and act in the best interest of their community. And yet, many associations still face frustration from owners, tension around enforcement, and a growing perception that decisions feel inconsistent or unfair. In many cases, the issue is not the rule, the decision, or even the outcome. It is the process—and how that process is communicated.

From a board’s perspective, decisions are often thoughtful, reasonable, and aligned with the governing documents. But from an owner’s perspective, the experience can feel very different. An owner may receive a violation notice while observing a similar issue elsewhere that appears unaddressed. Another may hear about a decision informally before it is formally communicated. Others may experience delays, silence, or inconsistent messaging. Just as importantly, in the absence of regular updates, owners may begin to fill in the gaps themselves—making assumptions about what the board is doing, why decisions are being made, or whether issues are being addressed at all. Even when the board is acting correctly, these moments create a perception of inconsistency. And perception, over time, becomes credibility.

In community associations, consistency is more important than intensity. Strict enforcement applied inconsistently will always feel unfair, while moderate enforcement applied consistently is far more likely to be accepted. But consistency is not just about actions—it is about communication. Owners are not only evaluating what the board does. They are evaluating what they hear, when they hear it, and what they don’t hear. When communication is limited to moments of enforcement or change, it can feel reactive. When communication is ongoing, intentional, and meaningful, it creates a sense of stability and confidence.

In most cases, inconsistency is not intentional. It is structural. It often stems from a breakdown in the distinction between governance and management. The board is responsible for establishing policies, setting expectations, and making decisions collectively in properly noticed meetings. Management is responsible for executing those decisions and communicating with owners in a consistent and professional manner. When these roles are clear, communication flows through a structured channel. When they are not, communication becomes fragmented. Board members may respond individually to owners, messages may vary depending on who is asked, and information may be shared informally or prematurely. At the same time, when there is no rhythm of ongoing communication—such as regular updates on projects, priorities, or community status—owners may feel disconnected from the board’s work, even when progress is being made. Over time, these gaps create different experiences for different owners.

Consider a common example. Two homeowners install exterior modifications without approval. One receives a formal violation notice from management, outlining the issue, the required action, and the timeline for compliance. The communication is clear, documented, and consistent with the association’s procedures. The other hears about the issue through a casual conversation with a board member, receives informal guidance, and no formal notice is issued. From the board’s perspective, both situations may feel resolved. From the community’s perspective, the communication—and therefore the process—was different. That difference—not the rule itself—is what creates the perception of unfairness.

In a consistent and structured approach, both situations would be handled through the same communication process. Management would issue formal notices, communication would follow established procedures, and all actions would be documented. Board members would avoid engaging directly outside of the process, allowing management to serve as the central and consistent point of communication. Questions from owners would be routed through management, and responses would be aligned with board-approved policies. At the same time, the board would support this process with broader, ongoing communication—reinforcing expectations, reminding owners of approval requirements, and providing general updates that help reduce future issues before they occur. In this model, owners receive the same message, through the same channel, with the same level of clarity—regardless of the situation.

This same principle applies beyond enforcement. For example, when a board approves a new policy or initiative, documenting the decision in the minutes is not enough. If that decision is not clearly communicated to owners, enforcement or implementation may feel abrupt or unfair. A more effective approach is to follow decisions with clear, timely communication that explains what has changed, why the change was made, when it will take effect, and what owners need to do. When this communication is reinforced through ongoing updates and consistent messaging, expectations become clear and the likelihood of confusion or resistance is significantly reduced.

It is important to distinguish between frequent communication and effective communication. This is not a call for general or filler communication. Announcements about community social updates and events have their place, but they serve a different function. This is a call for proactive board communication with clarity and purpose. Effective board communication is intentional. It is focused on providing information that helps owners understand the status of the community, the direction of the board, and what is expected of them. In this way, communication becomes part of governance—not an added task. Boards that approach communication with this level of intention position themselves not just as decision-makers, but as reliable and credible leaders within the community.

Owner reactions are shaped not only by decisions, but by how those decisions are communicated—and whether communication is consistent over time. Rules often feel reasonable—until they impact an owner personally. Frustration increases when communication feels inconsistent, delayed, or unclear. In the absence of ongoing communication, owners may assume inaction, favoritism, or inconsistency where none exists. Clear and proactive communication helps reduce these assumptions and creates a more informed and cooperative community.

While management typically serves as the primary communication channel, the board remains responsible for ensuring that communication is regular, accurate, consistent, and aligned with the association’s policies and legal requirements. This includes ensuring that enforcement communications follow proper notice and due process requirements under Florida statutes. Management delivers the message—but the board defines the standard.

The most effective boards recognize that trust is built through consistency—in both action and communication. They establish clear processes, rely on management for structured communication, avoid informal or individual responses, and provide ongoing updates that keep the community informed and aligned. Because over time, consistent and purposeful communication builds something every community depends on: confidence in leadership.

Board Takeaway

Owners may not always agree with the outcome—but they will recognize communication that is clear, consistent, and fair. The goal is not just to be right. The goal is to be understood—and trusted.

Board Communication Check

Are we keeping owners informed on a regular basis—not just when something changes? When decisions are made, are expectations and next steps clear? Are we delivering the same message, the same way, every time? Effective communication is not about volume—it is about clarity, consistency, and value.

Strengthening Board Communication Through Consistency

Thu, 02 Apr 2026 19:26:47 GMT

Board News & Education - APR 2026

Dear Board Member,

March was another busy month of hosting Board Certifications and CEUs. We truly value all the positive feedback and recommendations from appreciative board members. Our May theme will be Hurricane Readiness and I am in the process of arranging for an insurance company online presentation. I am also working on content for the Homeowner’s Association board member annual fourhour CEU course and hope to have it approved by the DBPR for May.

This month’s newsletter is based on feedback from board members I know are thoughtful, committed, and genuinely doing the right things for their communities, but still find themselves facing frustration from owners or a perception that their decisions are inconsistent or unfair.

I explored this core dynamic and what steps may be taken to understand and change that experience. The result is this month’s article, Consistency is Credibility: Why Boards Lose Trust (Even When They’re Right), which hopefully provides a few practical observations on how consistency, structure, and communication shape how boards are experienced by their communities.

— Be well. Doug Jenkins, Director of Learning & Development

10 Ways Boards Unintentionally Loose Trust (Even When They’re Right)

Enforcing rules inconsistently
Allowing informal “exceptions”
Communicating only when problems arise
Sharing information unevenly across owners
Delaying communication after decisions are made
Letting individual board members respond independently
Failing to explain the “why” behind decisions
Introducing changes without clear notice
Relying on assumptions instead of communication
Allowing process to vary depending on the situationcials

60-Second Board Message: Why Consistency Matters

Most boards believe trust comes from making the right decisions. In reality, trust comes from consistency. When the same issue is handled differently—even unintentionally—owners begin to question the process.Consistency doesn’t mean being rigid. It means being predictable, structured, and fair.

That consistency comes from two things: Clear processes—and consistent communication.

�� Owners may not always agree.

But they will recognize a process they can rely on.

Myth vs. Reality

Board Meetings Defined

❌ Board Myth

“If the board follows the rules and makes the right decisions,

communication will take care of itself.”

✅ The Reality

Even correct decisions can feel inconsistent or unfair

without clear, timely, and structured communication.

Owners don’t just evaluate outcomes.

They evaluate what they hear—and what they don’t.

�� Communication isn’t a follow-up to governance. It’s part of it.

March & April Online Board Education Events

Registration is required for all courses.

2025 Legislative Update - Condo Board Member One Hour CEU

An overview of 2025 Florida House Bill 913 (HB 913). This discussion qualifies as a Condominium Board Member One Hour CEU.

‍April 20, 2026, 4:00-5:00 PM
Registration Link for the April 20, 2026, Condo CEU

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium Association Board Members Subject to Florida Statute 718.

‍April 22, 2026, 1:00-5:00 PM
Registration Link for the April 22, 2026, Condominium Course

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners' Association Board Members Subject to Florida Statute 720.

‍April 29, 2026, 1:00-5:00 PM
Registration Link for the April 29, 2026, Homeowners Association Course

The recording of our recent program, Board Financial Literacy: What Your Financials Are Really Saying, is now available on our Association Training Hub YouTube channel: https://www.youtube.com/@AssociationTrainingHub

10 Steps to Build an Effective Board Communication Plan

1. Align the Board and Management First

2. Define What Matters to Owners

3. Use a Central Communication Channel

4. Communicate After Decisions—Not During Discussions

5. Establish a Predictable Rhythm

6. Explain the “Why” at a High Level

7. Reinforce Expectations Before Enforcement

8. Avoid One-Off Responses from Individual Board Members

9. Keep Communication Clear, Concise, and Action-Oriented

10. Review and Adjust Periodically

Myth vs. Reality

 Email for Info Only

❌ Board Myth

“A monthly newsletter keeps the community informed.”

✅ The Reality

A newsletter only builds trust if it provides meaningful, relevant, and timely information.

Generic updates and filler content don’t reduce confusion—they can increase it.

Effective communication:

• Explains what matters

• Reinforces expectations

• Provides clarity on direction

�� It’s not about sending something. It’s about saying something that matters.

Building an Effective Board Communication Plan

Wed, 01 Apr 2026 22:17:29 GMT

Understanding the importance of great communication in association management. By creating a simple, repeatable plan that ensures communication is consistent, meaningful, and aligned with how the association operates.

Start With Alignment Between the Board and Management

The first step is a working session between the board and management to define how communication will function. This alignment prevents fragmented or inconsistent messaging.

This discussion should include:

Who is responsible for drafting and sending communication (typically management)
What types of communication require board review or approval
Which communication channels will be used (email, portal, website, etc.)
When communication should come from the board versus management

Define What Should Be Communicated

Boards should identify the core categories of communication that will be consistently addressed ensuring communication remains focused on what is relevant and meaningful to owners. These typically include:

Board Decisions: Key outcomes from meetings and actions taken
Community Updates: Status of projects, maintenance, and initiatives
Expectations: Rules, policies, and reminders to reinforce compliance
Financial Awareness (high-level): Budget updates or major financial considerations
Upcoming Activity: Meetings, projects, or community impacts

Establish a Predictable Rhythm

Consistency is strengthened when communication follows a predictable pattern. The goal is not frequency for its own sake, but reliability. Examples may include:

A brief post-meeting summary following each board meeting
Periodic community updates (as needed, not forced)
Targeted communication when decisions impact owners

Use the Right Channels—Consistently

Communication should be delivered through established, centralized channels avoiding informal conversations, text messages, or individual board member responses. This may include:

Management emails
Community portals or websites
Official board notices

Focus on Clarity and Purpose

Every communication should answer three basic questions for the reader:

What is happening?
Why does it matter?
What, if anything, do I need to do?

Document and Reinforce

Communication should not be one-time. Important messages should be:

Reinforced over time when appropriate
Aligned with enforcement or implementation
Supported by consistent documentation

Keep It Practical

A communication plan should support the board—not burden it. It should be:

Simple enough to follow consistently
Flexible enough to adapt to changing needs
Focused on meaningful communication, not volume

Boards do not need more communication. They need communication that is clear, consistent, and valuable.

Building an Effective Board Communication Plan

Wed, 01 Apr 2026 12:54:00 GMT

Start With Alignment Between the Board and Management

The first step is a working session between the board and management to define how communication will function. This alignment prevents fragmented or inconsistent messaging.

This discussion should include:

Who is responsible for drafting and sending communication (typically management)
What types of communication require board review or approval
Which communication channels will be used (email, portal, website, etc.)
When communication should come from the board versus management

Define What Should Be Communicated

Boards should identify the core categories of communication that will be consistently addressed ensuring communication remains focused on what is relevant and meaningful to owners.

These typically include:

Board Decisions: Key outcomes from meetings and actions taken
Community Updates: Status of projects, maintenance, and initiatives
Expectations: Rules, policies, and reminders to reinforce compliance
Financial Awareness (high-level): Budget updates or major financial considerations
Upcoming Activity: Meetings, projects, or community impacts

Establish a Predictable Rhythm

Consistency is strengthened when communication follows a predictable pattern. The goal is not frequency for its own sake, but reliability.

Examples may include:

A brief post-meeting summary following each board meeting
Periodic community updates (as needed, not forced)
Targeted communication when decisions impact owners

Use the Right Channels—Consistently

Communication should be delivered through established, centralized channels avoiding informal conversations, text messages, or individual board member response.

This may include:

Management emails
Community portals or websites
Official board notices

Focus on Clarity and Purpose

Every communication should answer three basic questions for the reader:

What is happening?
Why does it matter?
What, if anything, do I need to do?

Document and Reinforce

Communication should not be one-time. Important messages should be:

Reinforced over time when appropriate
Aligned with enforcement or implementation
Supported by consistent documentation

Keep It Practical

A communication plan should support the board—not burden it. It should be:

Simple enough to follow consistently
Flexible enough to adapt to changing needs
Focused on meaningful communication, not volume

Boards do not need more communication. They need communication that is clear, consistent, and valuable.

How Florida Condominium and HOA Boards Should Conduct Meetings, Shape Decisions, and Delegate Financial Authority

Fri, 20 Mar 2026 04:27:42 GMT

Strong community governance is not defined by the speed of a decision, but by the transparency and discipline of the process that produces it.

Florida condominiums and homeowners’ associations both operate within open meeting frameworks, though the statutory structures differ. Understanding where those frameworks diverge — and where the principles of deliberation, decision-making, discussion and financial delegation ultimately converge — is essential to protecting both the association and its directors.

We will first examine each statutory structure independently, then unify the discussion where the shared governance standards intersect.

Condominiums — Board Meetings Under Chapter 718

Florida condominiums operate under Florida Statutes Chapter 718, which establishes a structured transparency model for board governance.

Under §718.112(2)( c ), the board of administration must meet at least once each quarter . Meetings of the board at which a quorum is present must be open to all unit owners, except for limited statutory exceptions, including certain attorney-client privileged discussions and specified personnel matters.

Unit owners have the right to attend all board meetings and to speak on designated agenda items. Boards may adopt reasonable rules governing the frequency, duration, and manner of owner statements. To ensure meaningful participation, meeting notices and agendas must contain sufficient detail to inform owners of the subjects to be considered. Items not included on the posted agenda may not be acted upon by the board.

In addition, at least four times each year, the meeting agenda must include an opportunity for unit owners to ask questions of the board, including questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium.

Adequate notice of all board meetings, which must specifically identify all agenda items, must be posted conspicuously on the condominium property at least 48 continuous hours before the meeting, except in an emergency. For associations required to maintain a website under §718.111(12), notice and the agenda must also be posted on the association’s website within the statutory time frame. If the board is voting to approve a contract at the meeting, the contract must be provided with the notice.

Written notice of a meeting at which a nonemergency special assessment or an amendment to rules regarding unit use will be considered must be mailed, delivered, or electronically transmitted (if the owner has consented to electronic notice) and posted conspicuously on the condominium property and website at least 14 days before the meeting. If the meeting concerns a proposed amendment to rules regarding unit use, the proposed rule language must be provided with the notice. Notice of any meeting at which regular or special assessments are to be considered must specifically state that assessments will be considered and provide the estimated cost and description of the purposes for such assessments.

A board meeting may be conducted in person or by video conference. If the meeting is conducted via video conference, the notice must include the hyperlink and conference telephone number and must also include the address of the physical location where unit owners may attend in person.

Any board meeting using video conferencing must be recorded and the recording maintained as an official record of the association.

Homeowners’ Associations — Board Meeting Under Chapter 720

§720.303(2)(c) requires that notice of all board meetings must specifically identify all agenda items. Members have the right to speak on all designated agenda items, subject to reasonable written rules adopted by the board governing the frequency, duration, and manner of member statements, which may include the use of a sign-up sheet.

Notice of all board meetings must be posted in a conspicuous place in the community at least 48 hours in advance, except in an emergency. The notice must specifically identify all agenda items to be considered. If the association is required to maintain a website pursuant to statute, the notice must also be posted on the website within the applicable statutory time frame.

An assessment may not be levied at a board meeting unless the notice includes a statement that assessments will be considered and the nature of the assessments. Written notice of any meeting, the agenda, and any other document required for such meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property and website (or broadcast on closed-circuit cable television) not less than 14 days before the meeting.

Additionally, if at least 20 percent of the total voting interests petition the board to address a specific item of business, §720.303(2)(d) requires the board to place the item on the agenda of its next regular or special meeting, which must occur no later than 60 days after receipt of the petition. Each member has the right to speak for at least three minutes on each matter placed on the agenda by petition, provided the member complies with reasonable rules adopted by the board.

“Executive Session” — A Limited Exception

Boards sometimes attempt to address sensitive matters in what they call “Executive Session.” In Florida HOAs or condominiums, there is no broad authority to close meetings simply because the topic is uncomfortable. Closed meetings are limited to circumstances authorized by statute, such as meeting with the association attorney regarding proposed or pending litigation for the purpose of seeking or rendering legal advice, or held for the purpose of discussing personnel matters.

Operational decisions, vendor contracts, budget strategy, and assessment increases generally belong in noticed meetings open to the membership. The substance of the discussion — not the label — determines whether closure is appropriate.

Closed meetings are exceptions to openness and should be narrowly limited to the circumstances authorized by law.

Transparency, Quorum & the Difference Between Discussion and Deliberation

Confusion often arises around open meeting requirements, particularly when boards are advised that directors “cannot gather” or “cannot speak to one another” if enough members are present to constitute a quorum. That advice, while usually well intentioned, oversimplifies the statutory framework. The presence of a quorum is not itself prohibited. Florida law does not prevent directors from being in the same room, attending the same workshop, or receiving the same presentation. What the law regulates is not the gathering — it is the manner in which collective decisions are formed.

Open meeting provisions under both Florida Statutes Chapter 718 and Florida Statutes Chapter 720 apply when a quorum of directors conducts association business. For governance education purposes, it is helpful to distinguish between permissible discussion, deliberation, and formal decision-making. Boards are permitted — and expected — to gather information. Directors may receive reports from management, hear presentations from engineers or vendors, ask clarifying questions, request additional documentation, and conduct individual research. Information gathering, even when a quorum is present, is not inherently improper. Oversight is a core board responsibility. The statutes do not prohibit learning; they regulate how collective direction is shaped.

The line is crossed when discussion becomes deliberation. Deliberation, in a governance context, may be understood as the exchange of viewpoints among a quorum of directors for the purpose of influencing or forming a collective decision. The shift occurs when directors move from asking questions to expressing positions — indicating how they intend to vote, advocating for a particular option, testing arguments with one another, or signaling alignment before a properly noticed meeting. Transparency principles attach at the point where collective direction begins to form, not merely when a motion is made.

A decision, by contrast, is the formal act of the board — a motion, a second, a vote, and a recorded outcome. However, many governance disputes do not stem from the vote itself. They arise from the perception that the outcome was effectively determined before the noticed meeting occurred. If quorum-level viewpoints are exchanged and consensus forms privately — whether during an informal gathering, through email responses, or via sequential conversations — the noticed meeting risks becoming a procedural formality rather than the place where the board truly deliberates.

The practical governance standard is straightforward. Boards may gather information freely. They should shape collective positions transparently in properly noticed meetings. They should vote visibly and document clearly. The distinction is not between talking and voting; it is between learning and influencing. When directors reserve collective position-shaping for the open meeting process, they protect not only statutory compliance but also the legitimacy of their governance.

Financial Delegation

Financial administration is another area where structure prevents governance risk. Directors frequently ask whether they must approve every invoice to fulfill their fiduciary duty. The answer lies in policy. In a properly noticed meeting, the board may adopt a financial authorization policy that delegates authority to management to pay routine, budgeted operating expenses and establishes defined thresholds for board approval of larger or non-budgeted expenditures.

By approving the annual budget and delegation policy openly, the board conducts its deliberation transparently. Routine invoice payment thereafter becomes execution, not new decision making. Oversight occurs through regular review of financial statements, accounts payable reports, and bank reconciliations rather than invoice approvals.

Boards should approve systems — not light bulbs.

Conclusion

Governance discipline is not a procedural burden—it is a protection. Whether operating under Chapter 718 or Chapter 720, meeting cadence, agenda specificity, member participation rights, and limited closed-meeting exceptions exist to preserve legitimacy and reduce risk. Boards are not prohibited from gathering information or acting decisively; they are expected to do so. The discipline is ensuring that collective direction is shaped in properly noticed meetings, and that financial authority is delegated through transparent policy rather than informal consensus.

When boards deliberate openly, vote visibly, and execute through clearly adopted systems, they protect not only statutory compliance, but also the trust and stability of the communities they serve.

How Florida Condominium and HOA Boards Should Conduct Meetings, Shape Decisions, and Delegate Financial Authority

Fri, 06 Mar 2026 20:16:12 GMT

Strong community governance is not defined by the speed of a decision, but by the transparency and discipline of the process that produces it.

We will first examine each statutory structure independently, then unify the discussion where the shared governance standards intersect.

Condominiums — Board Meetings Under Chapter 718

Florida condominiums operate under Florida Statutes Chapter 718, which establishes a structured transparency model for board governance.

In addition, at least four times each year, the meeting agenda must include an opportunity for unit owners to ask questions of the board, including questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures during the current fiscal year, and other issues affecting the condominium.

Any board meeting using video conferencing must be recorded and the recording maintained as an official record of the association.

Homeowners’ Associations — Board Meeting Under Chapter 720

Under Chapter 720 Under §720.303(2)(b), Florida Statutes, members of a homeowners’ association have the right to attend all meetings of the board of directors, except for meetings between the board and its attorney with respect to proposed or pending litigation, and meetings held for the purpose of discussing personnel matters. §720.303(2)(c) requires that notice of all board meetings must specifically identify all agenda items. Members have the right to speak on all designated agenda items, subject to reasonable written rules adopted by the board governing the frequency, duration, and manner of member statements, which may include the use of a sign-up sheet.

“Executive Session” — A Limited Exception

Closed meetings are exceptions to openness and should be narrowly limited to the circumstances authorized by law.

Transparency, Quorum & the Difference Between Discussion and Deliberation

Financial Delegation

Boards should approve systems — not light bulbs.

Conclusion

Spring Association Management Board Member CEUs & Learning

Mon, 02 Mar 2026 21:23:55 GMT

Board News & Education - MAR 2026

Dear Board Member,

Since we are deep into election season, we have scheduled our Board Certification and CEU courses for both March and April to provide greater flexibility as you plan your training.

We were excited to welcome more than 300 board members to our Certification, CEU, and general education events in February. The recording of our newest program — Board Financial Literacy: What Your Financials Are Really Saying — is currently being edited and will be posted soon on our Association Training Hub YouTube channel.

For March, we’ve focused our discussion on Board Meetings and decision making. Feedback from recent programs suggests there are questions — and some understandable confusion — about where the line is drawn between actions that may occur outside a meeting and those that must take place in a properly noticed board meeting. My apologies for the length of this month’s article. I edited out as much as I could without losing important information. I hope you find it helpful.

— Be well. Doug Jenkins, Director of Learning & Development

10 Board Meeting Practices That Improve Transparency

1. Clearly state the purpose of each agenda item

2. Briefly explain the background of the issue before discussion

3. Reference relevant documents or proposals during discussion

4. Allow owners to understand the options being considered

5. Ask clarifying questions before moving toward a decision

6. Restate the motion so everyone understands what is being voted on

7. Record the exact vote outcome in the minutes

8. Identify who is responsible for follow-up

9. Communicate the next steps after the meeting

10. Share meeting decision results with owners promptly

�� Transparency is not just about holding meetings — it’s about helping owners understand how decisions were made.

60-Second Board Tip ⏱️

Phrases That Signal Decision Making

Here are phrases that signal the board is making a decision (and should be in the minutes):

✅ “I move that…”

✅ “Let’s approve…”

✅ “We are directing management to…”

✅ “The board’s decision is…”

✅ “We’re voting to…”

Why it Matters: If you hear decision language, you need a motion + a vote + a record.

Myth vs. Reality

Board Meetings Defined

❌ Board Myth

“We’re just having a workshop or discussion session —

it’s not a board meeting.”

✅ The Reality

If a quorum of the board gathers to deliberate association business,

it is generally considered a board meeting under Florida law.

Changing the name to workshop or planning meeting does not change the legal requirement.

�� If the board gathers to deliberate association business,

notice and owner access requirements typically apply.

March & April Online Board Education Events

Registration is required for all courses.

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium Association Board Members Subject to Florida Statute 718

March 10, 2026, 1:00-5:00 PM
Registration Link for the March 10, 2026, Condominium Course

April 22, 2026, 1:00-5:00 PM
Registration Link for the April 22, 2026, Condominium Course

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners' Association Board Members Subject to Florida Statute 720.

March 17, 2026, 1:00-5:00 PM
Registration Link for the March 17, 2026, Homeowners Association Course

April 29, 2026, 1:00-5:00 PM
Registration Link for the April 29, 2026, Homeowners Association Course

2025 Legislative Update - Condo Board Member One Hour CEU

An overview of 2025 Florida House Bill 913 (HB 913). This discussion qualifies as a Condominium Board Member One Hour CEU.

March 16, 2026, 4:00-5:00 PM
Registration Link for the March 16, 2026, Condo CEU

April 20, 2026, 4:00-5:00 PM
Registration Link for the April 20, 2026, Condo CEU

10 Habits That Keep Board Meetings Calm and Credible

1. Predictable agenda

2. Good time management

3. Strong chair leadership

4. Clear decision structure

5. Professional tone from board members

6. Owner comment rules applied fairly

7. Avoid side debates mid-meeting

8. Assign action items + due dates

9. Avoid personalizing disagreements, debate ideas not people

10. Keep meetings focused on governance

�� Structure is kindness.

Myth vs. Reality

Email for Info Only

❌ Board Myth

“We can discuss and decide things by email as long as we don’t all reply at once.”

✅ The Reality

Email chains can create a rolling quorum,

which may effectively become an un-noticed board meeting.

Example: Director A emails B - B replies and includes C - C replies and includes D

Even if everyone was not on the email at the same time,

the board may have collectively deliberated association business outside a noticed meeting.

�� The safest rule: Use email for information sharing,

not deliberation or decision-making.

Is Your HOA Turning 30? Everything You Need to Know About MRTA Timing, Risks, and the 720 Preservation Process

Tue, 10 Feb 2026 00:10:00 GMT

Florida’s Marketable Record Title Act (MRTA), Chapter 712, Florida Statutes, was designed to simplify land titles by extinguishing old covenants and restrictions after 30 years — unless they are properly preserved. For homeowners’ associations, this can create serious and often unexpected consequences.

What does MRTA Stipulate?

MRTA automatically eliminates certain recorded covenants and restrictions after 30 years from the “root of title” (usually the date the original declaration was recorded). If an HOA’s governing documents are extinguished under MRTA, the association may lose its legal authority to:

• Enforce architectural standards

• Collect assessments

• Enforce use restrictions (rentals, parking, pets, etc.)

• Maintain common areas funded by mandatory dues

In short, MRTA can strip an HOA of many of the powers that allow it to function as a community association.

How the 720 Preservation Process Works

The key issue is age. Many Florida HOAs were created in the 1970s, 80s, and 90s, meaning their original declarations are now at or beyond the 30-year MRTA threshold. If the association has not taken formal steps to preserve its governing documents, portions — or all — of its covenants may already be extinguished.

Important: Amendments to the declaration do not automatically reset the MRTA clock. Consult the Association Attorney to verify legal applicability of any amendments.

Florida Statute 720.3032 provides a streamlined way for HOAs to preserve their governing documents from MRTA extinguishment. The general preservation steps include:

Board Approval - The board of directors may approve the preservation of the declaration and other governing documents at a properly noticed board meeting (unless the governing documents require member approval).
Prepare a Notice of Preservation - The association prepares a formal document identifying the covenants and restrictions being preserved, referencing the original declaration recording information.
Record in the Public Records - The Notice of Preservation is recorded in the county’s official records before the MRTA deadline.
Post-Recording Member Notice - The association must provide notice to the membership (typically within 30 days after recording) that the preservation has occurred.

Once properly recorded, this action resets the MRTA clock, preserving the HOA’s authority for another 30 years. Be sure to involve the Association’s attorney to ensure the steps are completed correctly.

What Happens if You Missed the Deadline?

If MRTA preservation was not done in time, the association may need to go through a more complicated covenant revitalization process under FS 720.403–720.407, which requires member approval and state review. This process is longer, more expensive, and not guaranteed.

Board Takeaway: MRTA compliance is not optional housekeeping — it is a governance survival issue.

Boards should confirm with association counsel and management that:

✔ Their declaration has been preserved

✔ The preservation was recorded correctly

✔ The next preservation deadline is tracked

A simple recording today can prevent major legal and financial problems tomorrow.

Understanding HOA Pet Rules: What Every Pet Owner Needs to Know Before Moving In

Wed, 04 Feb 2026 22:16:01 GMT

Residing in a homeowners association or condominium can be a unique experience, especially for pet lovers. While rules are in place to ensure peace and structure, some of these guidelines might leave you puzzled. Imagine moving into a community, thrilled to settle in, only to realize that your dog’s breed or your bird’s morning chirps might not comply with regulations. These rules can significantly shape your day-to-day life with your animals.

Understanding Pet-Related HOA Rules

Take breed restrictions, for instance. While these are typically aimed at promoting safety, they can feel unjust to owners of well-behaved pets. It’s frustrating to see gentle animals banned solely due to their breed’s reputation. On a related note, many associations impose limits on the size of dogs, barring larger breeds that might be more relaxed than their smaller, high-energy counterparts.

Number limits are another sticking point. Families with multiple pets may struggle in neighborhoods that allow only one or two animals per household. Adding to the challenge, registration fees for pets are often required, creating an unexpected financial burden for some residents. Leash rules and designated pet zones, while useful for maintaining order, can sometimes add logistical hurdles for owners.

The restrictions don’t stop with dogs. Exotic pets, such as reptiles or parrots, are often prohibited in these communities. For owners, this can mean having to reconsider beloved companions. Noise complaints regarding vocal animals are another challenge. Policies mandating quiet hours can be tough to follow, especially for pets who bark or chirp to express themselves. Enforcing such rules can feel intrusive for owners who are already making an effort to maintain harmony.

Pet Policies and Innovative Solutions

In some communities, DNA testing for waste management has become the norm. Pet owners may need to register their animals’ DNA, so waste left unattended can be traced back to the culprit. While this method aims to address a valid concern, it can also feel excessive. On a more unusual note, some communities even impose aesthetic guidelines that extend to the appearance of pets, and there have been rare cases where a pet’s name caused disagreement among neighbors.

For more information about HOA pet policies, visit Condominium Associates Pet Resources .

Working With HOA Boards

While these policies may seem extreme, they’re often created with the intention of promoting a peaceful environment. Reducing disputes between neighbors, ensuring public areas remain clean and safe, and preserving the value of the property are the primary goals. For pet owners, understanding these guidelines before committing to a community is essential to avoid surprises.

For those already living under these rules, there are ways to make things work. Start by thoroughly reading your HOA’s governing documents. This will give you a clear picture of what is expected. If you feel strongly about a particular rule, engage your HOA board with constructive feedback. Advocating for fair changes often begins with respectful communication. Additionally, training your pets to behave well can go a long way in fostering positive relationships with neighbors.

Looking for a pet-friendly property management solution? Contact Condominium Associates today to discuss how we can help your HOA create balanced and effective pet policies. Request a proposal now!

Legal Protections for Pet Owners

It’s also crucial to understand your rights as a pet owner. Federal laws, like the Fair Housing Act, offer protections for service animals and emotional support companions, which might exempt them from certain HOA policies. If you and your neighbors share concerns about specific rules, collaborating to propose revisions during board meetings can be an effective approach.

Check out the U.S. Department of Housing and Urban Development (HUD) for detailed information about the Fair Housing Act and pet-related accommodations.

Real-Life Examples

Consider the experiences of pet owners who’ve faced these challenges. A family with a retriever named Bella found themselves fined because Bella’s weight slightly exceeded the HOA’s strict limit, even though she was well-loved by the entire community. In another instance, a vibrant parrot named Charlie became the center of a noise dispute due to his habit of squawking during the day. These real-life examples highlight how rules, while designed to maintain order, sometimes fall short in accommodating the needs of residents.

For waste management, DNA testing has become a modern solution to an age-old problem. Although effective in pinpointing negligence, it can feel invasive for responsible owners.

Finding the Right Pet-Friendly Community

If you’re looking for a community that values pets and owners equally, it’s important to do your research. Many HOAs strive to create inclusive environments where pets are welcome but managed responsibly. Open dialogue with the board and neighbors can foster a better understanding and lead to more balanced policies.

For expert advice on choosing pet-friendly communities, visit Pet-Friendly Living with Condominium Associates .

Need expert guidance on managing pet policies in your community? Let our team at Condominium Associates assist you. Request a proposal and discover how we can support your HOA with tailored solutions!

Common FAQs

Can an HOA outright ban your dog? In most cases, yes—unless the restriction conflicts with local ordinances or involves a service animal.
Are emotional support animals protected? Generally, yes, offering pet owners some peace of mind.
Do renters have to comply with the same rules as homeowners? Absolutely. Understanding the expectations is vital.

February Community Association Board Member Learning & Development

Mon, 02 Feb 2026 21:43:20 GMT

Board News & Education - FEB 2026

Dear Board Member,

We’ve designated February as Financial Literacy Month. Feedback from our recent Board Certification and CEU programs made one thing very clear — the number one topic board members want help with is understanding how to read their association’s financial reports. In response, we’ve created a new live Zoom session:

Board Financial Literacy: What Your Financials Are Really Saying.

This two-hour discussion is focused entirely on helping board members interpret their financial statements with confidence. We won’t be covering budgets or statutes — just the numbers, what they mean, and how they support thoughtful, well-informed decisions. To give you a preview, we’ve also included two “Top 10” lists in this newsletter highlighting key concepts we’ll explore during the session. We hope this program provides the clarity and confidence you’ve been looking for, and we look forward to seeing you there.

— Be well. Doug Jenkins, Director of Learning & Development

10 Financial Red Flags HOA Boards Should Watch Monthly

You don’t need to be an accountant to lead well — but you do need financial literacy. Here are 10 red flags HOA and condo association board members should watch:

1. Delinquencies trending upward 2+ months

2. Aging receivables not moving (30/60/90+)

3. Bank reconciliations not current

4. “Misc expense” growing with no explanation

5. Reserves being used for operating bills

6. Vendors billing outside contract scope

7. Utility costs rising without investigation

8. Deferred maintenance increasing

9. Large budget variances with vague notes

10. No simple explanation of “what changed this month?”

�� The best boards ask better questions. If you’re on a community association board, don’t be afraid to ask informed questions and demand clear answers from your accounting team and partners.

60-Second Board Tip ⏱️

Cash vs Accrual

This one causes so much confusion.

✅ Cash Basis: Income/expenses recorded when money moves

✅ Accrual Method: Income/expenses recorded when earned/incurred

Why it Matters: You can look “fine” on cash while quietly heading toward trouble that’s clearly visible on accrual statements.

Myth vs. Reality

Surplus Means We Should Reduce Assessments

❌ Board Myth

“We had a surplus — we should reduce assessments.”

✅ The Reality

Surplus often means one of these:

• Projects didn’t happen yet

• Reserves are underfunded

• Collections timing shifted

• Expenses were delayed

�� Better approach: Treat surplus like a signal to review planning, not celebrate.

February Online Board Education Events

Registration is required for all courses.

New Condominium Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Condominium Association Board Members Subject to Florida Statute 718

Feb 11, 2026 1:00-5:00 PM

New Homeowners' Board Member Four Hour Certification

DBPR Required Four Hour Certification Course for new Homeowners' Association Board Members Subject to Florida Statute 720.

Feb 17, 2026 1:00-5:00 PM

https://us02web.zoom.us/webinar/register/WN_r-jbNbucTsKRL7mS4npR6Q

2025 Legislative Update - Condominium Board Member One Hour CEU

An overview of 2025 Florida House Bill 913 (HB 913). This discussion qualifies as a Condominium Board Member One Hour CEU.

Feb 18, 2026 4:00-5:00 PM

https://us02web.zoom.us/webinar/register/WN_yTG61oJATjC_2ch4FrgxmA

NEW ONLINE COURSE!

Board Financial Literacy: What Your Financials Are Really Saying

Helps board members confidently understand the Income Statement, Balance Sheet, and the impact of accrual accounting. Learn how to interpret trends, recognize red flags, and understand how reserve-funded capital projects should be tracked for transparency and stronger financial oversight.

Feb 25, 2026 3:00-5:00 PM

https://us02web.zoom.us/webinar/register/WN__d9Q_n1lTS6Ygyxs3mVR-w

10 Condo Financial Terms Every Director Must Understand

Condo boards oversee big money and bigger risk. Here are 10 financial terms every director should be able to explain:

1. Operating fund vs reserves

2. Restricted reserves

3. Deferred maintenance

4. Special assessment triggers

5. Funding schedule vs project timeline

6. Loan vs assessment financing

7. Cash vs accrual

8. Delinquency % and its impact

9. Budget variance (and “why” matters)

10. Fully funded baseline (reserve adequacy)

�� You can’t lead what you don’t understand. To fulfill your fiduciary responsibilities, take courses that teach community association board finances.

Myth vs. Reality

Looks Healthy… But Is It?

❌ Board Myth

“If we have money in the bank, the association is financially healthy.”

✅ The Reality

Bank balances only tell you how much cash you have today — they don’t tell you what that money is for.

An association can have a large bank balance and still be financially strained if:

• Most of the funds are restricted for reserves

• Upcoming large expenses haven’t been planned for

• Operating costs are consistently higher than assessments

• Delinquency rates are rising

HB 657 “HOA Killer Bill” — What Florida HOA Boards Need to Know

Fri, 23 Jan 2026 19:02:00 GMT

Florida House Bill 657 ( HB 657 ) has quickly become one of the most discussed HOA reform proposals in years — so much so that it has been widely nicknamed the “HOA Killer Bill.” While that term is not part of the bill’s official title, it reflects the seriousness of what HB 657 proposes: a structured legal pathway that would allow homeowners to pursue the termination (dissolution) of their HOA , along with a major change to how HOA disputes could be handled in Florida.

Below is a plain-English overview of what HB 657 proposes, why it matters, and what HOA boards should do now.

What is HB 657?

HB 657 is a proposed Florida bill titled “Community Associations” that would make significant changes to HOA operations and dispute resolution under Chapter 720, Florida Statutes. The bill addresses multiple HOA governance issues — including dispute procedures, court handling, and board responsibilities — but it has drawn its strongest reactions for one major reason: it outlines an HOA termination process with court involvement.

Why it is being called the “HOA Killer Bill”

The nickname “HOA Killer Bill” is not an official label. It comes from commentary surrounding the bill because HB 657 proposes a process that could make it easier for homeowners to initiate and pursue HOA termination.

Unlike prior HOA legislation that focused on elections, records, meetings, or fining procedures, HB 657 goes further by describing how an HOA could legally cease to exist and how the winding-down process would work.

A New Statutory Termination Path for HOAs

HB 657 proposes a step-by-step legal framework that would allow homeowners to pursue termination of their HOA through a petition and voting process, with court review. Under the proposed structure, the process could include appointment of a termination trustee and the handling of HOA assets, liabilities, and the winding down of operations.

This is the central reason for the bill’s reputation. Many communities have common property responsibilities — roads, drainage, stormwater infrastructure, entrances, gates, walls, recreational amenities, and lighting systems. Dissolving an HOA in such communities raises immediate and practical questions: who owns the property, who maintains it, and who pays for it going forward?

A “Community Association Court Program”

HB 657 also proposes authorization for judicial circuits to establish a Community Association Court Program, which is essentially a specialized court track or program designed to manage association disputes more efficiently.

If this structure is implemented, it could significantly impact how HOA-related disputes are resolved by shifting cases more directly toward court oversight and standardized handling.

Changes to Current Dispute Processes

HB 657 also proposes changes to dispute procedures that may reduce the use of certain required pre-suit steps (commonly referenced as pre-suit mediation requirements). The result could be that HOA disputes move faster into formal legal proceedings.

For HOA boards, the practical takeaway is simple: if HB 657 passes, disputes may become faster, more formal, and potentially more expensive unless governance practices are proactive and disciplined.

Where HB 657 Stands & What You Should Do

As of this update (1/23/26):

HB 657 was filed on December 4, 2025
It moved through committee referral
It was heard in the House Housing, Agriculture & Tourism Subcommittee and a Committee Substitute (CS) was reported and filed on January 22, 2026
The bill lists an effective date of July 1, 2026, if passed

This means the bill is still a proposal — but it is active, gaining attention, and being taken seriously across the HOA industry.

Why HOA Boards Should Take This Seriously — Even if the Bill Changes or Fails”

The Even if HB 657 is amended heavily during session or fails entirely, it signals something important: HOA governance remains a high-interest issue in Florida. Owner complaints, legislative attention, and pressure on boards to improve transparency and fairness are not going away.

When a bill like this gains traction, it usually indicates continued momentum toward broader HOA reform — even if the final outcome is different than the initial proposal.

What HOA boards should do now (regardless of outcome)

Here are practical steps that reduce risk today — whether HB 657 becomes law or not:

Audit enforcement consistency. Selective enforcement claims often begin with “you let it slide last time.” Consistency is one of the strongest protections an HOA board has.
Professionalize written communication. Letters and emails should always be written as if they will be reviewed by an attorney or judge — because they might be.
Ensure minutes clearly reflect motions and votes. Minutes should document board decisions, not debates.
Strengthen records discipline. Many disputes begin with records delays, incomplete responses, or unclear processes.
Make financial reporting easier to understand. Owners do not need accounting complexity — they need clarity: what changed, why it changed, and what the board is doing about it.
Review collections policies and procedures. Fair, consistent collections reduce cost shifting and protect community finances.
Tighten vendor and contract controls. Clear scope, clear performance expectations, and insurance verification should not be optional.
Communicate earlier, not later. Silence creates rumors. Early communication reduces escalations.
Plan reserve projects transparently. Deferred maintenance combined with vague reserve planning is one of the fastest ways to lose owner trust.
Treat governance like a system. High-performing boards operate through predictable processes — not improvisation.

Bottom Line on This HOA Bill

HB 657 has earned its “HOA Killer Bill” nickname because it proposes a formal process that could allow homeowners to pursue termination of their HOA, while also shifting dispute handling toward court-centered resolution.

Regardless of whether the bill becomes law, the message for HOA boards is clear: trust, transparency, and consistent governance are now essential risk controls — not optional “best practices.”

New Website & Transparency Requirements for Florida Condo Associations Effective January, 1 2026

Tue, 06 Jan 2026 00:34:00 GMT

Florida is dramatically expanding digital transparency for condominium associations — and compliance is not optional. Starting January 1, 2026, under Florida Statute 718.111, as amended, condominium associations with 25 or more units (excluding timeshare units) must establish and maintain an official association website or secure portal that provides unit owners online access to key association records and documents. This is a significant expansion from previous law, which only applied to condos with 150 or more units.

What the Law Says About Transparency

Florida law specifies a broad list of records that must be made available on the association’s secure website or app. Key categories include:

• Recorded Declaration of Condominium and all amendments

• Articles of Incorporation and amendments

• Bylaws and amendments

• Rules and regulations of the association

• Notices and agendas for upcoming unit owner and board meetings must be posted in accordance with statutory advance timing requirements.

• Any documents to be considered at meetings (at least 7 days before)

• Approved minutes of all board meetings over the preceding 12 months

• Video recordings or links to recordings of meetings conducted via electronic means for the past year

• The annual budget and any proposed budget

• Financial reports and monthly statements to be considered at meetings

• A list of all executory contracts or documents to which the association is a party

• Summaries of bids received in the past year for materials, equipment, or services

• Inspector-prepared structural integrity and life safety inspection reports

• The most recent structural integrity reserve study (SIRS), if applicable

• Copies of all building permits issued for ongoing or planned construction

• Affidavits required under Chapter 718

How Your Website Helps with Compliance

The law requires that websites or portals include a protected electronic location that is accessible only to unit owners and authorized association employees. The association must provide owners with username and password access to required records online.

Once a document or notice is received or created, it must generally be posted online within 30 days. Meeting notices, agendas, and related materials have additional pre-meeting timing requirements.

Practical board actions to comply and avoid owner complaints, litigation, or statutory violations, condo boards should:

✔ Inventory required documents and notices

✔ Ensure current records are uploaded to the website

✔ Establish internal processes for posting new notices and records promptly

✔ Coordinate with counsel and management to confirm restriction or redaction of protected data

Bottom Line - Digital transparency isn’t just good governance — it’s now state law for most Florida condo associations. Boards should treat website compliance as a top priority initiative, not a technical afterthought.

Starting the Year Informed, Prepared and Confident

Mon, 05 Jan 2026 21:55:26 GMT

Community Compass - JAN 2026

Dear Board Member,

A new year brings an opportunity to reset, refocus, and plan ahead. We appreciate the dedication you bring to serving your community, and we’re grateful for the partnership we share. Education and compliance remain a key focus, and January is an ideal time to review board certification requirements and prepare for the year ahead.

As we begin a new year, it’s the perfect time for board members to refresh their knowledge, stay compliant, and start 2026 with confidence. Condominium Associates is proud to offer board education opportunities designed to meet statutory requirements while supporting strong, informed leadership.

Happy New Year!

— Diane Goetz, SVP of Property Management

HOA Board Requirements (Chapter 720)

Within the First 90 Days:

Newly elected or appointed directors must complete a department-approved education course within 90 days of taking office.
This course must be repeated for newly elected or appointed directors
Certification is required at least once every four (4) years

Annual Continuing Education:

Education requirements depend on the size of your association:
Associations with fewer than 2,500 parcels
Directors must complete at least 4 hours of continuing education annually
Associations with 2,500 parcels or more
Directors must complete at least 8 hours of continuing education annually

60-Second Board Tip ⏱️

Cash vs Accrual

This one causes so much confusion.

✅ Cash Basis: Income/expenses recorded when money moves

✅ Accrual Method: Income/expenses recorded when earned/incurred

Why it Matters: You can look “fine” on cash while quietly heading toward trouble that’s clearly visible on accrual statements.

Fast Facts

Annual Continuing Education

Beginning one year after initial certification,

each director must complete:

✅ At least 1 hour of continuing education annually

✅ Training should focus on recent changes to legislation and related administrative rules

January Online Board Education Events

Registration is required for all courses.

Four Hour Board Certifications

Our DBPR approved 4-hour Board Certification classes are available via live on-line presentations for either Condominium or HOA board members. Certification is required of every board member within 90 days of appointment of election. Two separate courses designed exclusively for either

Condominium Association Board. Members OR Homeowners’ Association Board Members allow for focused statutory discussions and avoids confusion over applicable requirements.

CONDO CERTIFICATION FOR THESE EVENTS IS NOW CLOSED.

———————————————————————————————————————

One-hour condo board CEU

2025 Legislative Update - Condominium Board Member One Hour CEU - An overview of 2025 Florida House Bill 913 (HB 913). This discussion qualifies as the approved Condominium Board Member One Hour CEU required annually.

CEU IS NOW CLOSED.

Condominium Board Requirements (Chapter 718)

Within the First 90 Days:

Condominium directors must complete one of the following certifications, either written or educational:

WRITTEN CERTIFICATION

A director must certify in writing to the Association Secretary that you have:
Have read the declaration of condominium, articles of incorporation, bylaws, and current written policies
Will work to uphold these governing documents
Will faithfully discharge their fiduciary responsibility to the association’s member

EDUCATIONAL CERTIFICATION

A director must complete a department-approved four (4) hour education course and submit the certificate to the Association Secretary.

Meet Doug Jenkins

These courses were developed by Doug Jenkins, Director of Learning and Development for Ardoor, approved DBPR LCAM CEU provider, and approved DBPR/CTMH Board Member Certification and CEU provider. Mr. Jenkins has held Florida LCAM and Real Estate licenses for nearly 15 years and has been overseeing community management, operations and accounting since 1987.

What Florida HOA and Condo Boards Need to Know About New Laws in 2025

Thu, 18 Dec 2025 22:08:35 GMT

If you live in, manage, or serve on the board of a homeowners’ association (HOA) or condominium association in Florida, you’ve probably heard about the big changes coming in 2025. New laws focused on safety, financial preparedness, and transparency are being rolled out, and they’re a direct response to lessons learned in recent years, particularly after the Surfside condo collapse.

These changes are critical for the safety of residents and the financial stability of associations, but they also mean new responsibilities for boards and property managers. So, what exactly is happening? Let’s break it down in plain English, backed by trusted sources to help you prepare.

Milestone Structural Inspections: Safety First

The most impactful change for Florida’s condominium associations revolves around mandatory milestone structural inspections. If your building is three stories or taller, here’s what you need to know:

Starting January 1, 2025, milestone inspections are required for buildings that are:

25 years or older if located within three miles of the coastline.
30 years or older for buildings further inland.
After the initial inspection, follow-ups will happen every 10 years.

These inspections are no small task. Licensed engineers or architects will examine key structural components—like foundations, balconies, and load-bearing walls—to ensure the building is stable and safe. Inspection reports must then be submitted to local building officials and shared with residents.

If you want a deeper understanding of what’s required, check out Florida Senate Bill 4-D, which details inspection guidelines and timelines: Florida Senate Bill 4-D Overview.

The Florida Department of Business and Professional Regulation (DBPR) is another great resource for navigating these requirements. Learn more here: Florida DBPR Condominiums Guidelines.

Florida condominium undergoing milestone structural inspection

Reserves: Say Goodbye to Waiving

Florida has long allowed associations to waive reserves to keep fees low, but starting December 31, 2024, that option goes away. Associations will now be required to conduct a reserve study every 10 years and maintain fully funded reserves based on the results.

So, what’s a reserve study? It’s a financial roadmap that helps associations plan for major repairs, like roof replacements or elevator upgrades. Without reserves, associations often rely on special assessments, which can leave homeowners scrambling to cover unexpected costs.

The new law ensures associations are saving enough to meet future needs. For a complete breakdown of how reserve studies work, check this resource from the Community Associations Institute (CAI): Reserve Study Guidelines for HOAs and Condos.

You can also find financial planning resources at the Office of Financial Regulation: Florida OFR Financial Resources.

Transparency Through Websites: Everything in One Place

One of the biggest changes for larger associations is the website requirement. By January 1, 2025, any HOA or condominium association with 100 or more units must maintain a website (or mobile app) where residents can access important documents.

What needs to be posted? Things like:

Governing documents (bylaws, rules, and declarations).
Annual budgets, financial reports, and meeting minutes.
Contact information for board members and property managers.

This law is all about improving transparency and making it easier for homeowners to stay informed. No more chasing down paperwork or wondering what’s happening behind closed doors.

For tips on building compliant association websites, the Florida DBPR offers guidance here: Florida HOA Website Compliance.

And if you’re new to managing HOA records online, this guide from HOA-USA can help: HOA Website Best Practices.

Florida HOA website displaying accessible documents for members.

Increased Accountability for Boards

Florida’s new laws also address board governance, aiming to improve accountability and fairness. Starting in 2025, board members of condominium associations will face stricter term limits: they can serve for a maximum of eight consecutive years unless two-thirds of the unit owners vote to keep them on.

The state is also cracking down on conflicts of interest. Board members must disclose any personal financial ties to vendors or contractors hired by the association. These changes are meant to build trust and ensure boards are acting in the best interests of their communities.

For detailed guidelines on board responsibilities and conflicts of interest, visit the Florida Statutes Chapter 718 (Condominium Act): Florida Condominium Act.

The Community Associations Network also offers practical advice for board members: Understanding Board Duties and Ethics.

Insurance Requirements and Safety Updates

Rising insurance premiums have been a huge issue for Florida associations, so it’s no surprise that new rules address both insurance and safety protocols. Associations are now required to maintain:

Comprehensive property insurance for common areas.

Liability coverage to protect against accidents or damages.

Additionally, all unit owners must carry their own HO-6 insurance policies to cover personal property and liability. For more details, you can check Florida’s insurance requirements through the Florida Office of Insurance Regulation: Florida Insurance Guidelines.

Another area of focus is fire safety. Multi-story buildings are now required to upgrade fire detection systems, install sprinklers where necessary, and have clear evacuation plans. The National Fire Protection Association (NFPA) offers excellent resources on fire safety compliance: NFPA Fire Safety for Condos.

Why These Laws Matter

It’s worth taking a step back to understand why Florida lawmakers are making these changes. The Champlain Towers South collapse was a stark reminder of what can happen when deferred maintenance, underfunded reserves, and poor oversight come together. These new laws are Florida’s way of ensuring nothing like that ever happens again.

If you’re feeling overwhelmed, that’s okay. These changes are significant, but they’re also necessary. For homeowners, it’s about safety and protecting your investment. For boards, it’s about stepping up to meet these new responsibilities and leading with transparency.

HOA board members reviewing mandatory reserve study reports.

What Should Associations Do Now?

The key to managing these changes is to start preparing early. Schedule your milestone inspections, budget for reserve funding, and get your website in place now—before the deadlines hit.

If you’re looking for more resources to help guide you, these are worth bookmarking:

Florida DBPR HOA and Condo Resources
HUD Condominium Resources
Community Associations Institute - Florida Chapter
Florida Bar Association on Condo Laws

By staying proactive, associations can navigate these changes successfully and create stronger, safer communities for everyone.

This conversational guide walks you through what to expect, why it matters, and where to go for more information. As we look ahead to 2025, these laws are an opportunity to make Florida’s communities safer, better managed, and more financially secure than ever. Start now, and you’ll set your association up for success.

Be proactive and click the button below to request a proposal. 2025 has a lot of unique and complicated laws but you can easily be guided through by our experts.

CLICK HERE FOR REQUEST for MORE

FAQs About Florida's 2025 HOA and Condominium Association Laws

What is a milestone inspection, and who needs one?

A milestone inspection is a required evaluation of a building's structural components conducted by a licensed architect or engineer. Any Florida condominium building that is three stories or taller and 25 to 30 years old (depending on location) must undergo its first inspection by January 1, 2025.

Why are reserve studies now mandatory, and how often must they be done?

Reserve studies are now required every 10 years to ensure associations have enough funds set aside for major repairs or replacements. Fully funded reserves prevent financial surprises and special assessments when costly maintenance issues arise.

When is the deadline for associations to comply with the new reserve funding laws?

Associations must adopt budgets that include fully funded reserves by December 31, 2024, based on a professional reserve study.

What does the new website requirement mean for associations?

Any Florida HOA or condominium association with 100 or more units must maintain a website or mobile app by January 1, 2025, where homeowners can access essential documents, such as governing rules, meeting minutes, budgets, and insurance policies.

What happens if an association doesn’t comply with these new laws?

Associations that fail to meet the new inspection, reserve funding, or transparency requirements could face fines, legal penalties, or, in severe cases, state intervention. Boards also risk liability if non-compliance results in harm to residents.

Can condominium board members still waive reserve funding?

No, the new law eliminates the ability for boards to waive or underfund reserves. Associations must follow the reserve funding recommendations outlined in the reserve study.

What are the new rules around board member term limits?

Board members of Florida condominium associations can now serve a maximum of eight consecutive years unless two-thirds of the unit owners vote to extend their term. This rule encourages fresh leadership and accountability.

Do all homeowners need to carry insurance under the new laws?

Yes, unit owners in condominiums are required to carry an HO-6 insurance policy. This covers personal property, liability, and portions of the unit not covered by the association’s master insurance policy.

What documents must be available on an association website?

The association website must include governing documents (declarations, bylaws, and rules), annual budgets, financial statements, meeting notices, meeting minutes, and insurance policies. This ensures transparency for homeowners.

How can homeowners prepare for potential fee increases?

Homeowners should start budgeting for higher association fees due to fully funded reserves, inspection costs, and safety improvements. While it may seem burdensome, these increases ensure financial stability and protect property values in the long run.

Resolving Common HOA Parking Issues and Rules Enforcement

Tue, 05 Aug 2025 23:42:24 GMT

HOA parking rules are a common point of contention in homeowners associations. The key to resolving issues related to parking, though, lies in understanding what rules the HOA can and can't enforce.

Creating and Enforcing HOA Parking Rules

Living in an HOA community means abiding by the many rules and restrictions to keep the neighborhood in order. One of the most disputed rules in any given HOA, though, often relates to parking.

When enforcing homeowners association parking rules, your board must first refer to your governing documents. Your CC&Rs should dictate in black and white what your HOA parking policies are. Your policies should be direct and explicit, leaving no room for misinterpretations. Use specific language when crafting your parking rules, so homeowners know what to expect.

It's often challenging to balance HOA parking restrictions and keep homeowners happy simultaneously. But, since the HOA exists to maintain the community, you must make it apparent to all members that these rules are for the association's good.

Sample HOA Parking Rules

What are the standard parking rules a homeowners association might have? Laws can vary from community to community. However, HOAs generally enforce parking rules concerning the type of vehicles inside the community, the location of the parked cars, how long vehicles can be there, and the specific period vehicles can be in a given spot.

1. Prohibit Certain Vehicle Types

Many associations restrict the type of vehicles homeowners can park inside the community. Usually, HOAs don't allow trailers, RVs, boats, campers, and cars with commercial signs. Associations do this to maintain the community's aesthetic appeal and keep property values high.

2. Regulating the Parking Location

Many associations have rules about where homeowners are permitted to park. Generally, homeowners can park their vehicles in their driveway, but there may also be a designated area for this. For instance, unit owners may have specific spots in a shared parking lot in condo associations.

3. Regulating the Period or Length of Time

The last of the most common parking rules is how long homeowners can park their cars in a specific spot before getting towed. For example, if the HOA has a common parking area, the board might allow vehicles to park for 24 hours. If the owner goes beyond that, the HOA can take action. Associations do this so that the community doesn't accumulate abandoned vehicles.

In other cases, associations may only allow homeowners to park in a specified area within the allowed timeframes. For instance, homeowners may only park in the clubhouse parking lot between 8 a.m. to 8 p.m.

HOA PARKING REGULATION FAQs

1. Can the HOA Restrict Parking on Public Streets?

It depends on whether the street is public or private. In most cases, associations have no authority over public roadways. Therefore, they can't say whether or not members can park there unless state laws say otherwise. If a violation occurs on a public street, law enforcement has jurisdiction. In contrast, HOAs are free to regulate parking on private roads within the community.

How do you know if a street is public or private? If the general public, i.e., non-members of the HOA, can use the road, then it's a public street. Also, the government maintains public streets, and the HOA maintains private streets.

2. Can the HOA Force You to Park in Your Garage?

It might seem unfair, but the HOA can make you park your vehicle in your garage. Associations usually do this for cars that don't meet their standards or are prohibited within the community. It's a matter of preserving aesthetics and keeping the community appealing to the eyes.

3. Can the HOA Restrict Parking in the Driveway?

Yes, some associations can restrict the type of vehicle homeowners can park in their driveway or on the street in front of their house. HOA driveway parking rules exist to maintain the appeal of the neighborhood. Again, it all boils down to aesthetics.

4. Can the HOA Impose Speed Limits?

In general, homeowners associations can impose speed limits within the community, provided that it only applies to private streets and your CC&Rs give you the power to do so. Make sure the speed limit doesn't conflict with local ordinances, however. If it does, then you can't enforce it.

5. Can the HOA Limit the Number of Cars?

While associations typically can't limit the number of cars you can own, they can limit the number of vehicles you can park in your driveway or common areas. Condos and apartments usually limit it to one parking slot per owner. Therefore, if you have many cars, you need to (legally) find somewhere else to park them.

HOA Parking Enforcement: How to Make Owners Comply

Just as complex as it is coming up with HOA parking rules, it isn't easy to enforce them. Violations do happen, and they can occur with parking as well. But, can your HOA issue tickets and tow vehicles?

1. Temporary Revoking Privileges

While not all HOA boards have this authority, some can temporarily revoke owner privileges after committing a violation. The process can change depending on the association, but it usually involves sending an HOA parking violation notice and an option to have a hearing. Given the severity of this type of punishment, though, it's usually reserved for repeat offenders. Check your CC&Rs to verify whether you can suspend owner privileges.

2. Towing Vehicles

Is the HOA allowed to tow vehicles that violate parking restrictions? Can HOA tow your car without warning? These are common questions homeowners ask when it comes to towing. It depends on the laws in your state. Generally, though, associations can tow vehicles that violate parking restrictions.

The board should send a notice to the offending homeowner informing them of the violation at least 96 hours before towing the vehicle. Then, provide written authorization to let the towing operator know that your HOA has the power to request the tow. After that, you should inform the tow owner within one hour of authorization. You should also report the towing to your local traffic law enforcement agency within the same timeframe.

Although the HOA can tow vehicles, it should be their last option. More often than not, taking this route will result in a more complicated and heated argument between the owner and your board.

Common HOA Parking Issues and How to Resolve Them

Every association encounters problems with parking. The trick is to learn how to deal with them. Here are HOA parking solutions to some of the most common parking issues:

Insufficient Parking for Residents. If you don't have enough parking for residents, you can convert some guest parking spaces to resident parking, provided you live in a community where the HOA owns the common areas.

Residents Parking in Guest Spots. If this isn't allowed in your community, you must inform all homeowners and post signs reflecting that. An excellent way to curb this prohibited behavior is to levy fines and suspend privileges. You can even resort to towing if the problem remains rampant.

Scarce Parking for Guests. If you live in a planned community, you can charge a parking fee to guests who want to park in guest spaces. Alternatively, you can also require guests to obtain HOA parking permits which will allow you to prevent fights from breaking out between owners. Make sure to check your governing documents, though, to see if you have this power.

Inadequate Handicapped Parking. Federal laws like the Fair Housing Act and the Americans With Disabilities Act require you to accommodate disabled residents. Make sure to have proper handicapped parking available. If that's not possible, try to rework the space to make it more accessible to disabled residents.

Contact Condominium Associates

Can HOA restrict parking? The short answer is yes. Provided the CC&Rs outline the HOA's authority to do so, an association can impose HOA parking rules. When crafting and enforcing these rules, make sure they comply with federal, state, and local laws. Your governing documents should also give the HOA the authority to impose them. Contact Condominium Associates today for more information!

Preventing Pests Before They Nest: Proactive Fall Pest Control for Common Areas

Wed, 30 Jul 2025 14:54:00 GMT

Be Prepared
If you’re not already thinking about pest control this fall, now’s the time to get ahead of it. Don’t wait until residents start seeing rodents or wasps in the clubhouse— schedule a maintenance assessment today and keep your community protected.

Why Fall Pest Prevention Matters

Fall may feel like a welcome break from the relentless heat of summer, but for pests, it's moving season. As the temperature drops, rodents, cockroaches, ants, and other unwelcome guests start looking for warm, safe shelter—and your common areas are prime real estate.

If your association hasn’t already taken proactive steps, you’re not alone. We see it all the time: boards prioritize landscaping, amenities, or budget season prep, and pest prevention gets bumped down the list. But when the first signs of infestation appear, costs rise and resident complaints roll in. And in shared spaces—clubhouses, laundry rooms, storage units, pool decks—it doesn’t take long for a small pest issue to escalate into a much bigger one.

Common Culprits in Florida and Beyond

No matter where your community is located, fall pests tend to follow patterns. In Florida and other warm, humid climates, the transition to fall may not seem dramatic, but it's enough of a shift to change pest behavior.

Here are a few usual suspects that love to cozy up in HOAs and condominiums come autumn:

Rodents (mice, rats): Especially common around dumpsters, garages, and attic spaces.
Cockroaches : They love moisture and warmth. Common in pool houses, laundry rooms, and behind appliances.
Ants : Often move indoors looking for food and nesting spots.
Spiders and wasps : Nesting in eaves, mailboxes, utility sheds.
Silverfish and earwigs : Found in damp areas like basements, utility closets, and storage units.

Want to see what pests are common in your area? The National Pest Management Association’s PestWorld has a great interactive tool to help identify region-specific threats.

What Boards Can Do (Right Now)

Here’s the good news: fall pest control doesn’t have to be expensive or time-consuming. Small steps now can prevent larger (and more expensive) problems down the road. We always recommend a layered approach that includes:

1. Partnering with a Professional

Don’t rely on “spot treatments” or ad hoc spraying. Work with a licensed pest control vendor who understands community living and will inspect common areas regularly. Bonus points if they can educate residents and staff on prevention tips too. You can check this Florida Department of Agriculture list of certified applicators to make sure you’re choosing a properly licensed provider.

2. Sealing Entry Points

Have your maintenance team do a walkthrough and look for cracks, torn screens, warped doors, or unsealed pipe entries. Pests only need the tiniest of gaps. Even garage doors that don’t fully seal can be an open invitation.

3. Cleaning and Clearing

Keep dumpsters away from buildings if possible, and schedule regular bulk pick-ups. Make sure landscaping is trimmed back from walls and roofs—overgrown shrubs are highways for pests. The University of Florida IFAS Extension offers great tips on pest-proof landscaping.

4. Educating Residents

Remind homeowners and tenants not to leave food outside (including pet bowls), to report sightings, and to close doors behind them. Clear signage in shared areas can help reinforce the message without seeming accusatory.

5. Maintaining Amenities

Make sure pool bathrooms are cleaned often, HVAC systems aren’t leaking, and clubhouse kitchens are properly sealed and ventilated. Even storage units should be checked for water damage, mold, and dropped food items.

The Cost of Ignoring It

Let’s be honest: it’s easy to push this to next quarter. But if pest control is always reactive, your board will spend more over time—often dealing with resident frustration, surprise repairs, or even health code violations.

We’ve seen cases where:

Rodents chewed through wires in a shared laundry room, causing fire risks and outages.
Cockroaches were found nesting behind vending machines in a clubhouse.
A wasp nest near a community mailbox caused multiple resident stings.
An ant infestation damaged landscaping lighting wiring.

All preventable—and all avoidable with a little pre-planning.

Budget-Friendly Pest Control Planning

As you finalize your next annual budget, don’t forget to include line items for:

Preventive pest control contracts
Emergency or one-off treatment reserves
Seasonal maintenance walk-throughs
Pest-related landscaping upkeep (e.g., tree trimming)

The CDC also recommends long-term planning and documentation for pest-related health risks, especially in shared housing communities.

Want help putting together a fall pest plan for your association? Let’s schedule a consultation with a certified pest management vendor in your area.

Fall Pest Prevention by Property Type

No two communities are exactly alike—and that means your pest control strategy shouldn’t be either. What works for a high-rise condo in Tampa might not cut it for a large HOA with sprawling green space in Sarasota. The layout, location, and amenities of your property all play a role in what kinds of pests you’re likely to face, and how to keep them out.

Here’s a snapshot of common property types and the pest prevention steps that work best for each:

Condos with indoor amenities:
Think clubhouses, fitness centers, and laundry rooms. These spaces are magnets for roaches, rodents, and silverfish. Make sure doors seal properly, HVAC closets are serviced regularly, and any plumbing leaks are addressed fast.
Coastal communities:
Florida’s humidity is great for vacations—and unfortunately, also for ants, rodents, and moisture-loving insects. Crawl spaces should be pest-proofed, and HVAC systems protected against nesting critters or water intrusion.
HOAs with lakes, ponds, or large greenbelts:
Standing water invites mosquitoes, and overgrown landscaping can harbor rodents. Keep foliage trimmed, maintain drainage systems, and consider larvicide treatments to reduce breeding grounds.
Communities with outdoor trash areas or dumpsters:
These can be hotspots for rats, raccoons, and flies. Install tight-fitting bin lids or locks, and if possible, relocate dumpsters away from building entrances and gathering spaces.

Keep It Consistent

We can’t stress this enough: consistency is key. Pest management is not a one-and-done solution. It’s a cycle of inspection, prevention, education, and documentation. And it pays off.

Ask your pest control partner for seasonal reports or logs showing what’s been treated and when. Use this data to make smart decisions next year. If you switch vendors, you’ll have a clear paper trail of what’s been done.

For communities that are self-managed, consider checking out templates and resources like MyFloridaLicense.com to help stay compliant with state rules about chemical treatments and vendor usage.

Call to Action (Final):
Not sure where to start? Whether you're reviewing your contract, creating a fall maintenance checklist, or need help coordinating services, we’re here to help . Let’s build a pest prevention strategy that works for your community.

Request For Proposal

FAQs

1. What’s the most common pest in fall?
Rodents tend to be the most problematic as they look for warm shelter.

2. Do I need a pest control plan if we’re not near water or woods?
Yes. Pests invade for warmth, food, and moisture—not just proximity to nature.

3. Should pest control be done monthly?
In most communities, quarterly preventive treatment is sufficient unless there’s an infestation.

4. Who pays for pest control in common areas—owners or the association?
The association typically handles pest control in shared spaces. Unit-level pest issues may vary by governing documents.

5. Can we use in-house staff instead of hiring a pest control company?
Not unless they’re licensed. Most states require certification to apply chemical treatments.

6. Are there eco-friendly pest control options?
Yes! Many vendors offer Integrated Pest Management (IPM) services that reduce chemical use. Learn more here.

7. What pests are dangerous to residents?
Rats (disease risk), wasps (stings/allergies), and roaches (asthma triggers) are all health hazards.

8. How do we respond to a resident complaint about pests?
Investigate immediately, document the issue, notify your pest vendor, and communicate follow-up steps.

9. Can weather changes really increase pest activity?
Absolutely. Cooler weather drives pests indoors seeking warmth and food.

10. What if our board can’t agree on spending money on this?
Remind them that reactive costs (repairs, emergency treatments, legal risk) are almost always higher than preventive contracts.

Can HOA Board Members be Sued by Homeowners?

Tue, 22 Jul 2025 04:09:28 GMT

HOA board members are always concerned about getting sued. The good news is that this does not happen as much as we think. A lawsuit is a severe matter; it can drain one's time, energy, finances, resources, and emotions. Many of us ask, "Why volunteer as a board member if it will only bankrupt me?" To further clarify this matter, we'll answer the question, "Can you sue HOA board members for bad decisions?

Can a Homeowner Sue an HOA Board Member?

Yes, because anyone can sue a person for anything at any time. A disgruntled homeowner can always choose to sue both the condo or HOA board and its members. However, if the question is, "Are HOA or condo board members personally liable for their bad decisions?" — the answer is not as straightforward.

An HOA or condo board member can be protected from liability in case of a lawsuit which will be clearly stated in your association's articles of incorporation, bylaws, or governing documents . Other provisions offer protection when homeowners are suing the condo board of directors or the HOA board of directors.

What do State Laws Say?

A lot of states have laws in place that protect board members from personal liability to an extent. These damages can include property damage, emotional distress, bodily injury, and even wrongful death. Board members must meet specific requirements to qualify. Therefore, you must research state laws to check which ones apply to you as a board member. You can also consult an HOA attorney for clarification.

The Business Judgement Rule

When a homeowner is suing the HOA board or condo board members, they can use the Business Judgement Rule to protect themselves from liability. According to the law, the board of directors is immune from personal liability when it can be proven that their actions or decisions were reasonable and made in good faith.

More often than not, the Business Judgement Rule rules favor the board of directors, which means when homeowners sue condo board or HOA board members, a judge may throw out the case if the board member acted within the scope of their authority. Such an argument may stand even if the board member's decision was, in the end, wrong.

The key here is to establish whether the condo board member upheld their fiduciary duty and acted in the association's best interest. If they didn't, it could lead a homeowner to sue HOA for breach of fiduciary duty.

It's also important to note why the Business Judgement Rule favors the board. Board members are ultimately volunteer positions and are not compensated for the service they provide to the association. So if there were no legal protections for the members, no one would volunteer to join the board.

The courts understand that board members are not perfect. People won't always make the right decision every time. However, if it is clear that the board member did not act fraudulently or unconscionably, the judge will not proceed with the suit.

Can HOA Board Members be Held Liable?

A question like the one above holds back many residents from volunteering to run for positions on the board. HOA and condo board members should know that they are not entirely immune from personal liability. If the court finds that a board member engaged in fraudulent or malicious behaviors, they will be held accountable for their actions.

One issue could be when a board member takes advantage of the benefits unavailable to non-board members. It also could be when a board member borrows or uses the association's funds for personal use.

A board member could be personally liable if they were negligent in their duties. If there are problems because the board treasurer did not check financial reports against bank accounts, they can potentially get sued.

Homeowners can also sue a board member if he puts his interests above the community. For example, a board member will hire a service provider owned by their family members rather than one that is most qualified for the job.

What Can an HOA be Sued For?

Although it's not uncommon to find homeowners suing condo board of directors, you must know that such lawsuits are usually unsuccessful. Still, as a board member, you shouldn't become lax or abuse your power.

While homeowners can try to sue board members for just about anything, the most common reasons include the following:

Failure to maintain common areas or elements. HOAs are responsible for the maintenance and upkeep of common spaces and features. When they fail to do that, homeowners can sue.

Selective enforcement. If an HOA board does not uniformly enforce rules, homeowners can sue HOA for selective enforcement.

Misuse of funds. Theft, embezzlement, or fraud happens all the time — even in an HOA or condo association setting.

HOA Discrimination. When an HOA board violates federal and state Fair Housing laws, homeowners can sue for discrimination. Can I sue my HOA for discrimination? Yes.

HOA board members harassment. Board members who harass other members or abuse their power can use the law as a weapon to protect themselves and seek retribution.

Negligence. Can I sue my HOA for negligence? Board members have specific fiduciary duties to uphold, which include the duty of care. Failure to enforce these duties can result in homeowners suing HOA for negligence. The same goes for condo associations. Owners can sue the condo association for negligence.

Are there Reasons to Sue an HOA Board?

Can you sue HOA board members for anything? More specifically, homeowners might sue an HOA board for the following actions:

Failure to maintain community amenities and common areas
Inadequate or lack of security (such as placing security cameras at gates or on private roads)
Remodeling disputes or denial of architectural changes
Holiday decoration disputes
Flag restriction disputes
Election disputes
Pet disputes

On the other hand, here are some possible reasons for suing condo association boards:

Failure to maintain common elements, such as walls, plumbing, etc.
Failure to ensure safety in common or shared spaces (such as security cameras in hallways, fire alarms, removing fire hazards, elevators, etc.)
Election disputes
Pet disputes

How Can HOA Board Membres Protect Themselves?

It is comforting to know that HOA and condo board members have some legal protections. However, whether the judge votes in their favor, board members still worry about the legal expenses and resources needed to respond to an HOA lawsuit.

Your condo association's insurance should cover all your legal expenses. Some insurance companies may cover legal costs under the general liability policy. However, board members should consider adding Directors' and Officers' insurance.

With D&O insurance, board members can expect their insurance company to provide the money for legal counsel and other expenses. This insurance type also protects board members' personal assets from litigation.

If a homeowner sues the board and its members, a board member can seek separate counsel that will protect the board member's personal interests. However, the board member can still ask the association or insurance company to cover the legal expenses.

Meanwhile, condo associations should consider Crime and Fidelity insurance coverage or Employee Dishonesty insurance coverage. These will protect the association should a board member commit a criminal act such as fraud or embezzlement. With this kind of insurance, the association will not be held liable for the money that may have been stolen or misused by the board member.

What Should You Do if You've been Personally Sued?

Can a nonprofit board member be sued individually? The short answer is yes. Try as you may, you can't please everyone in your HOA or condo community. Disgruntled homeowners can still choose to take legal action against you even if their claims are baseless. Still, it would help if you were prepared for whatever they throw at you.

If a homeowner personally names you in a lawsuit, your first reaction should be to contact your HOA insurance agent. Using certified mail, send copies of the case to your agent. Provide the agent with pertinent details, including when you were served the papers and the deadline for a response.

Your insurance carrier will usually defend you in cases like this. But, sometimes, they will recommend that you hire an attorney to represent you personally, which usually happens when your interests don't align with the association's interests. In that case, you can't have the exact attorney defending you and the association. Remember that your HOA's insurance will not cover the cost of your attorney.

Suing the HOA Board of Directors — is it Possible?

To put it simply, homeowners can sue HOA or condo board members and even name them personally in the lawsuit. But, there's no guarantee that they will win. Board members are afforded a certain level of protection from personal liability through state laws and the association's governing documents. Additionally, insurance usually covers any legal costs associated with the suit.

Still, that doesn't mean you should ignore such actions; if a homeowner sues your board for a wrong decision — even if there's a chance that the lawsuit will be dismissed — this could drain association funds and resources. Worse yet, the association could spell more financial loss if a homeowner wins a case against HOA.

Contact Us

Have more questions? Contact Condominium Associates today!

Florida’s HB 913: What Every Condo Board Needs to Know

Wed, 16 Jul 2025 19:48:00 GMT

Why HB 913 Matters for Your Community

If you’ve been on a condominium board in Florida over the last few years, you know how intense compliance has been since the Surfside collapse in 2021. Laws rolled out quickly, reserve requirements became strict, and deadlines left boards scrambling to find money for safety mandates. Many owners were blindsided by huge assessments, and some communities even faced foreclosure threats. That’s where Florida’s new House Bill 913 comes in—it’s a reset button designed to keep buildings safe while giving boards and owners much-needed breathing room.

Governor Ron DeSantis signed HB 913 into law on June 23, 2025, and it officially goes into effect July 1, 2025. You can see the full text of the bill on the Florida Senate site . Let’s break down what’s changing, what stays the same, and what your board should be doing now to prepare.

Big Changes to Reserve Requirements

One of the biggest stress points for boards in recent years has been funding reserves for major structural repairs. Under HB 913, there’s now flexibility. Associations have until December 31, 2025 , to complete their required Structural Integrity Reserve Study (SIRS). Even better, if your milestone inspection recommends urgent repairs, the board can vote—with owner approval—to pause reserve contributions for up to two consecutive annual budgets. That option never existed before, and it could mean the difference between manageable repairs and overwhelming financial strain for owners.

For more details on what’s required for a SIRS, visit the official DBPR guidelines for condo associations.

Raising the Repair Threshold

Another major shift is the cost threshold for what qualifies as a reserve item. Previously, any item over $10,000 had to be included in your reserve planning. HB 913 bumps that up to $25,000 , with annual adjustments for inflation. For boards, this means fewer minor repairs will trigger reserve requirements, letting you focus on major structural needs instead of smaller projects that don’t impact safety.

New Transparency Requirements

Transparency just got a whole lot more important. Starting October 1, 2025 , all condo associations must register online with Florida’s Division of Condominiums. The registration includes details like your board contact info, building age, inspection dates, and reserve funding status. Associations have to keep this information updated within 30 days of any changes. This database will be available to residents and state regulators alike, creating more accountability across the board. To start planning, visit the Florida DBPR website.

Virtual Meetings and Electronic Voting Are Here to Stay

Another big update is the official approval of electronic voting and remote meeting participation. If 25% of your owners request it, your board must enable e-voting within 21 days. Virtual attendance now counts toward quorum requirements, provided participants can hear and be heard throughout the meeting. For boards managing seasonal residents or snowbirds, this is a huge improvement for engagement. The Florida Senate’s bill summary page explains these details clearly.

Extended Buyer Review Periods

If you’ve ever sold a condo unit in Florida, you know how quickly deals can move. HB 913 extends the time buyers have to review your association’s financials and budgets from three days to seven days. This gives buyers more confidence in their purchase and protects your board by ensuring financial transparency during sales. This update is especially important for communities still tackling big repairs or special assessments. For more on real estate disclosure requirements, check out Florida Housing.

Emergency Evacuation Powers

Hurricanes are a fact of life in Florida, and boards have often faced tough calls during emergencies. Under HB 913, boards now have clear authority to order evacuations in declared emergencies. If a resident refuses to leave after an official order, the association isn’t liable for what happens next. This gives boards legal backing to prioritize safety without fear of lawsuits. The Governor’s official announcement is available on flgov.com .

Stricter Rules for Management Accountability

The bill also strengthens accountability for professional managers. If a community association manager’s license is revoked by the state, that person is prohibited from working in or owning a management company for 10 years. This is a big win for ethical governance and helps boards ensure they’re working with trusted professionals. You can verify CAM licenses through the DBPR license portal.

Updated Insurance Valuation Standards

Another big change involves insurance requirements. Associations now need to calculate replacement costs and windstorm exposure based on a 250-year event using independently prepared appraisals updated every three years. It may increase premiums for some coastal communities, but it ensures accurate coverage and reduces the risk of being underinsured. Learn more about insurance regulation updates from the Florida Office of Insurance Regulation.

New Funding Options for Repairs

HB 913 also gives boards more flexibility in how they finance structural repairs. Associations can now use loans or lines of credit to fund required projects, as long as their governing documents allow it. This is a huge relief for communities that don’t have deep reserves but need to complete critical work fast. For financial planning tools, you can review resources provided by Florida Housing.

How Condominium Associates Can Help You Stay Ahead

Change can feel overwhelming, but you don’t have to navigate HB 913 alone. At Condominium Associates, we’re already helping boards adjust their budgets, prepare their reserve studies, and implement electronic voting systems. We’ll also make sure your team understands the new compliance requirements and deadlines so you’re never caught off guard.

Call to Action:
Need an expert partner to help your board manage HB 913 changes? Contact Condominium Associates today for a free consultation.

Request For Proposal

Frequently Asked Questions About HB 913

What is HB 913 and when does it start?
It’s Florida’s new condo reform law, signed in June 2025 and effective July 1, 2025.

Do we still have to complete a Structural Integrity Reserve Study?
Yes, for any building three stories or taller. The deadline is December 31, 2025.

Can boards pause reserve contributions?
Yes, if the owners approve and repairs are identified in a milestone inspection, contributions can pause for up to two years.

Are virtual meetings allowed now?
Yes, and participants count toward quorum if they can hear and be heard.

What do we need to file with the state?
Board contact info, inspection dates, building age, and reserve status must be submitted online by October 1, 2025.

How much time do buyers get to review condo documents now?
Seven days, instead of three, for resale transactions.

What happens if a manager loses their license?
They can’t work in or own a management firm for 10 years.

What’s the new threshold for reserve planning?
Repairs over $25,000 now qualify, up from $10,000.

Can associations borrow money for reserves?
Yes, loans and credit lines are now allowed if your documents permit it.

Where can I read the bill?
You can review the official text on the Florida Senate site .

Final Call to Action:
Don’t wait until the deadline hits—let’s make sure your association is ready for these new rules. Contact Condominium Associates today to schedule your HB 913 compliance review.

Beyond BBQs: Unique 4th of July Traditions You Never Knew HOAs and Condo Communities Could Have

Wed, 02 Jul 2025 20:10:00 GMT

Every year, I hear the same thing from board members across our communities in Sarasota, Manatee, Hillsborough, and Pinellas counties: “We want to do something different this 4th of July, but we’re not sure where to start.”

I get it. Fireworks and poolside hot dogs are classics. But what if this year, your community celebrated independence in a way that’s less expected—and a lot more memorable?

At Condominium Associates, we work with hundreds of Florida HOAs and condominium communities. And over the years, I’ve seen some truly unique (and barely talked about) ways residents gather for the Fourth. These ideas don’t require a huge budget, and they definitely don’t need to follow tradition.

Want help organizing your next HOA or condo event? Click here to request a proposal and let’s bring your community’s vision to life.

A Fireworks Show That Never Goes “Boom”

One community near downtown St. Petersburg skipped traditional fireworks altogether and created a sidewalk chalk art show instead. Residents of all ages drew patriotic designs on walkways, sidewalks, and even driveways, using red, white, and blue chalk provided by the social committee.

By sundown, the entire community looked like a living art gallery. Families strolled the walkways with cold drinks in hand, voting for their favorite artwork and snapping selfies for their HOA newsletter. It was fun, colorful, and peaceful—which is exactly what they wanted for a dog-friendly, noise-sensitive condo community.

Pinellas County Public Works offers guidance on temporary closures if your board wants to block off a shared sidewalk or interior drive lane for this kind of event.

Founding Foodie Festival: Celebrate with State-Themed Dishes

Over in Sarasota, one HOA threw a Fourth of July block party where each household brought a dish from a different U.S. state. There were Maine lobster rolls, Georgia peach cobbler, Texas chili, and of course, Florida’s beloved conch fritters.

The community picnic area, decorated in stars and stripes, became the perfect backdrop for food, storytelling, and laughter. A local professor from Ringling College even gave a short talk about Florida’s early role in U.S. history.

It wasn’t just fun—it was educational and surprisingly touching. The event closed with a group photo and a communal rendition of “America the Beautiful.”

DIY Boat Parade on the Canals

If your community is near a body of water—say, in Apollo Beach, Palmetto, or anywhere along the Gulf coast—you’re sitting on a prime opportunity for a boat parade.

Residents in one Manatee County HOA decorated their boats with flags, bunting, and LED lights, then cruised by community docks in formation. Onlookers cheered from balconies and dock chairs. There were even prizes handed out for “Most Patriotic Pet on Board” and “Best Boat Theme.”

It was festive, safe, and far less stressful than hosting a fireworks show—and no fireworks insurance necessary.

For permits or safety guidelines, check with your city of Palmetto or Hillsborough County government .

Looking to skip the noise and legal red tape this year? Contact our team for HOA-friendly celebration ideas that fit your governing docs and insurance requirements.

Rooftop Stargazing Beats Fireworks for Many

At a Tampa Bay high-rise managed by Condominium Associates, the board opted for a peaceful rooftop event instead of fireworks. They invited a guest speaker from MOSI to guide residents through a stargazing experience as patriotic music played softly in the background.

Instead of explosions in the sky, there were constellations, glowing wristbands, and a sense of quiet community connection. It was especially well-received by older residents and families with babies or pets.

Liberty Market: Bringing Local Vendors to Your Common Area

Another creative twist we’ve seen is the “Liberty Market”—a pop-up mini fair hosted right in a condo’s shared lawn or clubhouse parking area. One Bradenton-based HOA invited local vendors from Bradenton Public Market to sell handmade items, art, and baked goods.

Residents loved the chance to shop local, sip lemonade, and enjoy live music without having to leave the property. And because the HOA handled vendor coordination ahead of time, the event ran smoothly and brought in great community engagement.

Don’t Forget: Fireworks Rules Still Apply in Florida

Even though Florida law (Fla. Stat. § 791.08) allows for personal fireworks on the Fourth of July, HOAs and condo boards can still prohibit them if their governing documents or community rules say so.

If your board hasn’t clarified the policy this year, now’s the time. Reach out to your association attorney or consult the county websites for enforcement and noise policies:

Hillsborough County Fire Marshal
Pinellas County Sheriff’s Office
Sarasota County Neighborhood Services
Manatee County Code Enforcement

Request a Proposal Here To See How We Can Help

Frequently Asked Questions

Can our HOA use community funds for a holiday event?
Yes, as long as it’s budgeted properly in your operating funds or approved social budget. Reserve funds cannot be used.

Can our board restrict fireworks even if the state allows them?
Absolutely. Community rules often supersede state law when it comes to property usage and safety.

Is a permit required for a sidewalk event?
On private property, typically no. But if it involves public sidewalks or streets, check with your city’s public works department.

How do we handle alcohol liability?
Make sure your community insurance covers events with alcohol, or consider making it BYOB with a signed waiver.

What’s a quiet alternative to fireworks for seniors or pets?
Stargazing, acoustic music events, or chalk art festivals are great, inclusive options.

Are guests allowed at these events?
It depends on your guest policy. Some communities require wristbands or RSVPs for non-residents.

Can we do a fundraiser during our July 4th event?
Yes, just make sure it aligns with your bylaws and has board approval.

How do we make events pet-friendly?
Include shaded water stations, a designated pet relief area, and avoid loud noises.

Where can we rent tents, tables, or sound systems locally?
Try US Tent Rental in Sarasota or A Chair Affair for full-service rentals.

What if it rains on the day of our event?
Always have a backup plan—either a reschedule date or an indoor version in your clubhouse or community room.

Five Steps to Take When Dealing with an HOA President Bully

Sat, 21 Jun 2025 04:36:51 GMT

If your board president rules with an iron fist, your community doesn't have to tolerate it.

The president may have been running the association single-handedly for a long time. Or perhaps they think they are a big shot in the business world and are confident the community needs their iron fist. Whatever the motivation, the homeowners association president becomes a dictator.

In meetings, bullies can intimidate fellow board members, managers, and association members. They insist on doing things their way. They refuse to entertain dissenting opinions.

What is an HOA President Bully?

Behind the scenes, they can be just as disruptive. They steer contracts to specific vendors and refuse to sign board-approved deals with others. They tell maintenance personnel how to mow the lawn or clean the pool. They threaten homeowners over minor or perceived rule infractions.

But association law and governance experts are unanimous in their opinion that bullies can be deposed. Boards and owners can remove an association president who behaves miserably. It can get ugly, but now and again, a board or community must stand up to a dictatorial president.

Under most state laws and association governing documents, the board president has few powers beyond those other board members hold. Generally, the president is authorized to schedule meetings, open and close sessions, and sign certain documents on behalf of the association.

In a community association, the president is first among equals.

Most laws and documents also give association boards the power to remove the dictator from the presidency at any time by a simple vote. In almost all cases, the president remains a board member but has no more authority than fellow members.

Steps to Take When Dealing with an HOA President Bully

Experts say to take five steps to depose a dictator president, starting with the most limited procedure and escalating to the most extreme. If you're lucky, only the first step will be necessary. Steps four and five are reserved for cases in which everything else has failed; these steps have a lower chance of success and can leave enduring scars on the community.

Step one: Talk to the dictator and seek a behavior change. It's best to talk it over with the person to resolve the issue.

Step two: Study the association's governing documents and applicable laws. If this still needs to be done, pore over these documents with the association's attorney. Make sure you know exactly how to schedule and conduct a vote to remove the president from office. The parliamentarian—if there is one—or a board member should prepare responses to possible efforts by the president to try to block a vote on removing him or her from that office. Then tell the dictator that you are scheduling such a vote is and that it will occur even if he or she objects or fails to attend.

Step three: Vote to remove the president as an officer of the board. In most associations, a board member can be voted out at any time and without notice, though the vote can be placed on the agenda for a regular meeting, or a special board meeting can be called for such a purpose. Board members should anticipate anger and aggressiveness from the dictator. Some will claim the board doesn't have the right to remove them and might threaten to go to court. Board members need to hold their ground and refuse to get into shouting matches or other unprofessional behavior.

Step four: Vote to remove the offender from the board. Sometimes, a dictator who has been voted out of the presidency digs in, and attempts to undercut the new president or even refuses to accept that there is a new president.

Step five: If the behavior continues, file a lawsuit. Although this option is rarely used, it may be necessary if a president takes extreme measures to try to hold on to power. Board members or property owners can seek a judicial order requiring the dictator to take or not take specific actions. Failure to conform puts the dictator at risk of being declared in contempt of court.

Warning Signs

It's impossible to predict how someone will behave once elected to a board or elevated to a board president. But some behaviors have become associated with dictators over time and might tip off other board members that watching the person is necessary:

Declining to schedule regular board meetings

Refusing to allow dissent, constructive criticism, or discussion

Exhibiting intimidating behavior

Conducting association business without consulting the board

Pursuing a personal agenda

CAI recommends reading, Perfect Phrases for Dealing with Difficult People: Ready-to-Use Phrases for Handling Conflict, Confrontation, and Challenging Personalities , to learn more about how to deal with difficult personalities.

Contact Us

Have questions? Contact Condominium Associates today!

What If Your HOA Board Had Superpowers? A Comic Look at Board Member Roles

Wed, 18 Jun 2025 19:52:00 GMT

It’s a bird…it’s an HOA President!

If you've ever served on an HOA or condominium board—or just watched one in action—you know it can feel like managing a tiny universe. Personalities, policies, budgets, landscaping drama… it's like The Avengers meets Robert’s Rules of Order. So one day, as I was sifting through agenda items and budget spreadsheets, I had this wild thought: what if each board role had a superpower? Not metaphorically—like actual, comic-book-level powers. You know, the kind that could cut through the chaos and keep the community in harmony (or at least on budget).

Looking for a management company that helps your board feel like superheroes? Request a Proposal from Condominium Associates today and let us show you what support really looks like.

Let me take you inside this superhero fantasy that’s been playing out in my head during many a long board meeting. Maybe you’ll see a little of yourself in one of these caped crusaders.

Ready to take on the “Rogues Gallery” of HOA Problems

Let’s start with the obvious: the President. This role is usually the board’s fearless leader, the face of the association, and often the one fielding the wildest emails from residents. If I could assign this position a superpower, it would have to be Telepathy. Imagine being able to read everyone’s mind in a meeting—what they really mean when they say, “I have a quick question.” The Super-President could anticipate arguments before they happen and diffuse tension before it hits the minutes. Bonus? They’d never be blindsided by a rogue landscaping request again. Learn more about the authority and limits of HOA board presidents.

Next, we have the Vice President, the unsung hero of many boards. This role steps in when the president’s away and often juggles special projects or fills in wherever needed. Their superpower? Shapeshifting. One minute they're wrangling the pool committee, the next they’re reviewing bylaws. They’d be the community’s Swiss Army knife. Read how to build a great HOA board.

Now picture the Treasurer. If you’ve ever worked alongside a good one, you know how much they carry. Budgets, reserves, invoices, audits—they hold the keys to the fiscal kingdom. Their superpower would be X-Ray Vision, but not for walls. This Treasurer could see through every financial statement, spotting the tiniest irregularity like a hawk. Understand the treasurer's responsibilities.

The Secretary—ah yes, the keeper of records and guardian of minutes. Their superpower needs to be Time Travel. They’d be able to revisit the exact wording of last month’s vote, fast-forward to next year’s annual meeting prep, and even rewind to catch the one person who swore they RSVP’d but didn’t. .

Then there’s the Directors-at-Large. Their superpower would definitely be Super Speed. They’re running from one issue to another, helping with ARC reviews one minute and jumping into insurance renewal discussions the next. Learn how to prepare for an HOA volunteer role .

Even Superheroes have moments of reflection

Sometimes, thinking of the board this way actually helps me appreciate just how much everyone does behind the scenes.

In fact, this whole mental exercise made me want to approach my next board meeting with a little more humor and a lot more gratitude.

Of course, no superhero team is complete without its sidekicks—community managers, accountants, and vendors.

If your HOA had a comic book, what kind of origin story would it have?

Try reframing your next meeting through this superhero lens. You might just realize your board has powers you never noticed. Visit CAI's board education section for more.

Need help finding your inner Treasurer or Secretary superhero? Our team at Condominium Associates can step in with the backup your board deserves. Reach out and let’s get you the reinforcements you need.

Whether you’re ready to save the day—or just the budget—request a proposal now and let us join your board’s superhero team.

Superhero Request For Proposal

FAQ’s

1. What are the main roles on an HOA board?
Most boards consist of a President, Vice President, Treasurer, Secretary, and one or more Directors-at-Large. Each has unique responsibilities, such as financial oversight, record-keeping, and enforcing rules.

2. Do HOA board members get paid?
Typically, no. HOA board members are volunteers who donate their time to help maintain the community and uphold its governing documents.

3. Can one person hold more than one board position?
In some associations, yes—but it's not always advisable. Holding multiple roles can create conflicts of interest and overwhelm volunteers. Here’s why it might not be a good idea .

4. How can I join my HOA board?
You usually need to be a homeowner in good standing. Elections are held annually or as needed, and nomination procedures are outlined in your association’s bylaws.

5. What is a fiduciary duty in the context of HOA boards?
Board members are legally obligated to act in the best interest of the community. This includes being transparent, avoiding conflicts of interest, and making informed decisions. Learn more about fiduciary duty .

6. What happens if the board isn’t doing its job?
Homeowners can voice concerns at meetings, call for a special meeting, or even petition for a board recall. It’s important to first review your association’s governing documents.

7. Are HOA board meetings open to all residents?
In Florida, most board meetings must be open to members, with proper notice. Exceptions include meetings related to litigation or personnel issues.

8. How does a management company support the board?
Management companies assist with day-to-day operations like budgeting, maintenance coordination, vendor relations, and compliance. Here’s how boards and managers work together.

9. Can board members be held personally liable?
They generally have limited liability if they act in good faith, but failing to fulfill duties can expose them to legal risk. Many associations carry Directors & Officers (D&O) insurance for this reason.

10. What’s the best way to thank your board members?
A little appreciation goes a long way! Consider a thank-you note, a shout-out in the newsletter, or even an appreciation event to recognize their time and effort.

When Good Intentions Go Too Far: How Over-Restricting Architectural Changes Can Put Your Association at Risk

Thu, 29 May 2025 15:46:00 GMT

Rules CAN Go Too Far

Architectural guidelines are one of the trickiest responsibilities that come with running a condominium or HOA community. They’re intended to maintain consistency, boost curb appeal, and protect property values. But sometimes, when those rules go too far or aren’t updated, they can become a serious legal liability.

At Condominium Associates, we frequently help boards untangle the unintended consequences of well-meaning but overreaching restrictions. In today’s climate, where fair housing compliance, environmental rights, and owner protections are under increased scrutiny, associations must tread carefully. If you’re not sure where your community stands, we invite you to request a proposal and we’ll help walk you through an architectural audit.

Let’s talk about what happens when rules, intended to maintain harmony, end up causing conflict.

Architectural controls usually regulate changes homeowners can make to their properties—like paint colors, fences, satellite dishes, landscaping, or structural modifications. These guidelines often start with the developer and evolve over time, especially as residents and boards come and go. However, problems arise when those rules are written too vaguely, applied inconsistently, or directly conflict with state and federal laws. One of the biggest trouble spots is failing to recognize what’s actually protected by law.

About Those Laws

For instance, Florida Statute 720.3035 outlines the rights of owners and the limits of architectural review committees (ARCs). It’s designed to prevent boards from overstepping their authority, but many associations never revisit these guidelines after they’re written. Similarly, the Florida Solar Rights Act makes it illegal to ban solar panels on individual homes, though many older HOAs still have outdated restrictions on energy-efficient upgrades. And that’s just state law.

At the federal level, the Fair Housing Act prohibits discrimination against homeowners and tenants based on race, religion, national origin, disability, sex, familial status, or color. That includes denying requests for reasonable accommodations, like allowing ramps or wider doorways for someone with a disability. Many boards don’t even realize that a blanket “no structural changes” rule could be considered discriminatory if applied without exception. It’s also essential to understand the reach of the Americans with Disabilities Act (ADA) , which, while not directly governing private residential units, influences expectations for accessibility in common areas.

There are numerous cases—well-documented by HUD—where associations were forced to pay large settlements because they denied legally protected modifications. Take, for example, a South Florida case where a condominium association refused to approve a small ramp for a disabled resident. The board claimed it interfered with the community's architectural theme. The court disagreed, citing the Fair Housing Act, and the association was held financially liable.

On top of that, many boards don’t realize that vague or inconsistently applied rules can render all enforcement actions null. Selective enforcement is one of the fastest ways to lose credibility—and legal standing—in your community. If one homeowner is approved for a porch light replacement but another is denied, that inconsistency could be enough to void your entire rule, especially if your governing documents don’t clearly authorize the decision.

The Delicate Balance of Following The Rules

Associations can also run into problems if they enforce rules not properly included in their governing documents. According to Florida Bar consumer tips, associations must ensure that any rule or architectural guideline aligns with the community's Declaration, Articles, and Bylaws. If they don’t, those rules might be unenforceable from the start.

So what’s the path forward? It starts with education and expert help. At Condominium Associates, we strongly recommend a full policy review every few years, especially as Florida laws evolve. The Florida Department of Business and Professional Regulation offers resources, but it’s often best to work with professionals who can offer hands-on support. You can contact us here if you’d like help navigating that process.

Another proactive step is ensuring your architectural review committee receives proper training. It’s not just about reviewing design proposals—it’s about understanding what’s legally permissible, what violates fair housing law, and how to apply rules fairly and consistently across the board.

Associations that want to maintain aesthetics while avoiding risk can also benefit from reviewing current guidelines around accessibility, solar energy, and modern property enhancements. For example, many residents are now asking about smart home installations, drought-resistant landscaping, or exterior security cameras. If your policies don’t account for these or flat-out prohibit them without flexibility, that’s a red flag.

You may also want to review Florida’s Sunshine Laws which affect how committee decisions and board discussions must be conducted—particularly if ARC decisions are made behind closed doors or without transparency.

If it feels overwhelming, that’s understandable. This is exactly why our team exists—to support boards with clear, compliant, and homeowner-focused solutions. You don’t have to navigate this alone. Let’s start a conversation about how we can help your association manage architectural review responsibly, fairly, and in full legal alignment.

Request For Proposal

FAQs

Can a condo board deny a homeowner’s request based solely on appearance?
Only in certain cases. Aesthetic standards must be reasonable and cannot override legal protections like disability accommodations or solar rights.

What if our ARC applies rules inconsistently?
That can result in a legal claim of selective enforcement, weakening your association’s authority and opening the door to lawsuits.

Are solar panels protected in Florida even if they don’t match the community aesthetic?
Yes. Florida law protects homeowners’ rights to install solar panels regardless of appearance concerns.

Can we stop someone from installing a wheelchair ramp?
Not if the ramp is a reasonable accommodation under the Fair Housing Act or ADA. Denying it could result in a costly legal issue.

Do architectural restrictions have to be in our official governing documents?
Yes. If a rule isn't documented properly or conflicts with existing documents, it's often unenforceable.

What’s the best way to train our ARC?
Legal and management professionals can provide training. It’s important they understand both your documents and relevant statutes.

How often should we review architectural guidelines?
At least every two years—or immediately following any major legal or legislative changes.

Can individual ARC members be personally liable for bad decisions?
Yes. If an ARC or board acts outside its authority or violates fair housing laws, members can face liability.

Where can we learn more about Florida architectural regulations?
The Florida DBPR, HUD, and Florida Bar offer public resources. But for customized advice, consider working with a licensed CAM or management firm.

How do I get help revising our architectural guidelines?
You can request a proposal and our team at Condominium Associates will provide a detailed, community-specific plan.

The Hidden Costs of Volunteer Burnout: How to Keep Your Board Engaged and Avoid Revolving Doors

Thu, 15 May 2025 15:12:00 GMT

In the world of HOA and condominium associations, a well-functioning board is the heartbeat of the community. These volunteers take on tasks most residents never see—reviewing contracts, managing disputes, overseeing budgets, and staying compliant with state laws. But what happens when those volunteers start burning out? The results can be costly—both in terms of dollars and community trust.

If your board is struggling with member turnover or decision fatigue, we can help guide your association toward long-term stability. Let’s talk.

The condition that shall remain “nameless”

Volunteer burnout is one of the least discussed yet most damaging issues in community association management. Burnout isn’t just a personal challenge—it’s an operational risk. A disengaged or constantly rotating board can lead to inconsistent decision-making, stalled projects, legal exposure, and even increased vendor costs due to inefficiency.

A report by the National Center for Biotechnology Information outlines how burnout manifests in volunteer settings: emotional exhaustion, depersonalization, and a reduced sense of accomplishment. In HOA or condo environments, this might look like a treasurer ignoring emails, a president abruptly resigning, or a board that can’t get a quorum for critical votes. When the same small group of people shoulders too many responsibilities—especially without professional support or resident appreciation—it’s only a matter of time before they step away entirely.

Florida boards are already tasked with adhering to complex regulations. From the Florida Department of Business & Professional Regulation to Chapter 718 of the Florida Statutes, board members are expected to be part-time legal experts, financial managers, and community diplomats—all unpaid. Without proper onboarding, continuing education, and backup support, burnout becomes almost inevitable.

“What on earth is a reserve study?”

One factor that accelerates burnout is role ambiguity. A new board member may step into a treasurer role with no real understanding of reserve studies, bank reconciliations, or audits. Yet they're expected to make multimillion-dollar decisions with confidence. Offering structured orientation through resources like CAI's Board Member Toolkit or training through The Florida CAM Academy can reduce stress while improving decision-making.

Another underappreciated cost of burnout is lost institutional memory. When experienced board members walk away, they often take years of community context with them. That knowledge isn’t written into the bylaws—it’s in their heads. Losing it can slow down projects, force repeat work, or create conflict as new board members repeat past mistakes. It’s worth considering how minutes are stored and shared. Using tools like or HOAst helps preserve continuity across transitions.

Board members may also struggle with interpersonal conflict—especially in polarized communities. Difficult personalities, disruptive meeting attendees, or micromanaging residents can quickly erode enthusiasm. Associations that establish clear Codes of Conduct and conflict resolution protocols give their volunteers much-needed protection. Encouraging open but respectful communication helps ensure meetings are productive—not exhausting.

Regular recognition goes a long way too. According to Volunteer Florida , appreciation is one of the top drivers for retention. Simple gestures like annual thank-you letters, a spotlight in the community newsletter, or a special plaque at your annual meeting can boost morale. Consider offering board members educational events through Condominium Associates .

Feeling overwhelmed trying to engage and retain board volunteers? We offer customized support and training for new and experienced boards. Learn more about our board support services.

Streamline to Stay Sane: The Tech Advantage That Prevents Board Burnout

One thing that’s often overlooked is the role of technology in reducing burnout. Manual processes—like paper-based violation tracking or emailing financial spreadsheets—sap energy and time. Platforms like CINC Web Axis offer dashboards that automate many of the day-to-day tasks board members manage. This doesn’t just improve transparency—it gives your volunteers their time back.

Communication tools can also help. Regular email updates through Cinc Web Axis for surveys through SurveyMonkey keep residents informed and involved, so the board doesn’t always feel like they’re the only ones engaged. When residents are part of the process, they’re more likely to contribute—and less likely to criticize.

Another contributor to burnout is unmet expectations. Homeowners may assume board members can resolve disputes overnight or waive fines on a whim. Educating residents on the board’s actual role—perhaps using an FAQ page built with Notion or distributing a guide like Florida’s Condominium Governance Booklet—can go a long way in curbing frustration.

There’s a Committee for that

If your community doesn’t already have committees, forming them can distribute the workload. Architectural review, social events, and finance committees create natural “on ramps” for residents who might not be ready for a full board role but want to help. Committee charters ensure everyone knows their responsibilities, reducing confusion or micromanagement.

When boards are supported, trained, and appreciated—they stick around. That consistency creates better governance, smoother operations, and a healthier community culture.

If you’re noticing the early signs of burnout—missed meetings, low energy, difficulty recruiting—don’t wait for it to escalate into a crisis. There are simple, affordable steps that can help retain institutional knowledge and bring energy back to your board.

Ready to build a more resilient board and explore professional support? Click here to request a proposal tailored to your association’s needs.

We can help! Request For Proposal

FAQ’s

1. What are common signs of HOA board member burnout?
Signs include missed meetings, unresponsiveness, emotional fatigue, declining morale, and abrupt resignations.

2. How can an association prevent volunteer burnout?
Prevent burnout by offering training, sharing responsibilities, using automation, and recognizing contributions.

3. Is burnout more common in smaller associations?
Yes, smaller associations often have fewer volunteers, increasing the load on each board member.

4. Can we hire professional help without losing control as a board?
Absolutely. Management companies act as support, not replacements, ensuring you stay compliant and effective.

5. What happens if our entire board resigns?
This creates a legal crisis. The state may appoint a receiver, which is expensive and removes local control.

6. Are there legal protections for board members dealing with conflict?
Yes, many associations adopt codes of conduct, and Florida law protects board members acting in good faith.

7. How do we get more residents involved without pressuring them?
Invite them to join committees or task forces. This gives them a taste of involvement with limited commitment.

8. What kind of training is available for new board members?
Florida CAMs and organizations like CAI and FCAP offer board certification and continuing education courses.

9. Should we be paying our board members?
Most associations do not. However, budget-permitting, you can reimburse for training or conference fees.

10. How often should boards review and revise their governing documents?
Ideally every 5–7 years, or sooner if you’ve had major state statute updates or legal disputes.

Florida Summer Maintenance Tips for HOAs & Condo Communities

Fri, 02 May 2025 20:40:56 GMT

Florida summers are no joke. While hurricanes dominate the headlines, it’s the relentless heat and humidity that slowly strain your community’s infrastructure. From rooftops and HVAC units to elevators and pools, the wear and tear can sneak up fast—and if you're on the board of a condominium or homeowners association, waiting too long to address these seasonal stressors can lead to expensive surprises.

Is your community ready for Florida’s summer heat?

The first place to start is up top—your roof. Roofs in Florida endure punishing UV rays and constant expansion and contraction during extreme temperatures. Over time, shingles can crack, tile can loosen, and flat roofs can develop leaks, especially when summer storms roll in. It's a smart move to schedule regular inspections with a licensed contractor who understands Florida’s unique conditions. Reflective coatings or materials that reduce rooftop heat are also worth considering. You can review the current Florida Building Code on roofing standards or check out resources from the University of Florida to stay informed.

Next up: HVAC systems. When temperatures consistently hover in the 90s, air conditioning isn’t just a luxury—it’s essential. Older systems, clogged filters, and uncalibrated thermostats can cause your system to work harder than necessary, increasing energy bills and leading to mid-season failures. Preventive inspections and filter replacements can make a big difference in performance. Boards should make sure shared systems are serviced and that unit owners are educated on proper upkeep. Florida Power & Light offers excellent energy-saving tips for HVAC systems, and the ASHRAE design guidelines are a reliable industry standard.

Elevators may not seem like they'd be affected by heat, but they absolutely are. In Florida’s humidity, elevator machinery—particularly control panels—can overheat or malfunction. Add in power fluctuations and older systems, and you've got a recipe for outages. Regular inspections are key, especially during the summer months. Florida law already mandates yearly inspections by a certified professional through the Department of Business and Professional Regulation, but if your system is aging or you’ve had recurring issues, additional summer checkups may be a smart investment. You can find useful safety information from the National Elevator Industry and additional inspection guidelines here.

As above, so below

The sun doesn’t just hurt what’s above—it can wreak havoc on what’s below. Pavement and concrete in Florida communities often crack or fade from prolonged sun exposure. Asphalt softens, striping becomes less visible, and walkways may develop uneven surfaces that pose tripping hazards. Boards should schedule sealcoating before peak summer heat if possible. The Florida Department of Transportation and University of Florida pavement center both offer excellent technical resources on maintaining surfaces.

And then there’s the pool. If your community has one, you already know summer is its busiest time of year. Increased use means more strain on pumps, filters, and chemicals. A pool that's out of service due to a failed pump or bad chemical balance not only frustrates residents—it can also be a liability. Make sure the pool is inspected weekly, that your pool operator is certified (as required by Florida law), and that all safety gear is functional. The CDC’s pool chemical safety page and Florida DOH’s standards are helpful references.

Call to Action: Don’t let broken pool pumps or overheating elevators ruin your residents’ summer.
Get a customized summer maintenance checklist from our experts

Landscaping is another area that can spiral quickly during summer. Florida’s climate alternates between scorching droughts and torrential downpours, both of which can wreak havoc on turf, trees, and irrigation systems. Neglected landscaping not only damages curb appeal—it can lead to root damage near building foundations or blocked drainage systems during storms. Install efficient irrigation, use mulch to retain soil moisture, and stay on top of routine trimming and debris removal. For best practices, visit the UF IFAS Lawn and Garden page or the Florida-Friendly Landscaping Program.

Florida pests, and what to do with them

Another consequence of Florida’s warm, moist environment is pests. Mosquitos, ants, termites, and rodents thrive during the summer months, especially near overgrown vegetation or in areas with standing water. Partnering with a licensed pest control company is a proactive way to keep infestations at bay. Resources from UF’s pest control guide and the EPA's IPM strategies can also help boards better understand effective, eco-friendly pest management options.

When it comes to safety, you’ll want to ensure that all fire extinguishers, AEDs, smoke alarms, and emergency lights are inspected and working. Summer brings more outdoor activity, and more people in common areas means an increased risk of accidents or fire-related incidents. The Florida State Fire Marshal outlines building code and fire safety requirements, and the Red Cross provides guidance on AED placement and training.

Another key to summer preparedness is weatherproofing. Window and door seals should be checked for gaps and cracks, which can lead to both energy loss and moisture intrusion—two things no Florida community wants to deal with in the summer. Proper sealing also helps control interior humidity levels, which can cause issues like warped floors or mildew. Upgrading to double-pane or ENERGY STAR-rated glass is often a worthwhile investment. Visit ENERGY STAR’s window guide or the Florida Building Commission for standards and approved materials.

And finally, never underestimate the power of communication. Residents need to know when maintenance is happening, why it matters, and how it affects them. Whether it’s through your HOA’s website, emails, or a printed newsletter, providing regular updates fosters trust and encourages cooperation. The Community Associations Institute and Florida Condo & HOA Law Blog offer templates, best practices, and legal tips on keeping your board in sync with your membership.

Is your current management company doing all it takes to make your life easy in the summer? Click on the button below to see how we can help!

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Frequently Asked Questions

How often should we inspect our roof in Florida?
At least once a year, ideally before hurricane season.

Can heat damage our elevator system?
Yes, especially control boards and older electrical components.

Do we need a certified pool operator?
Yes. Florida law requires it for public-use pools.

When should we sealcoat pavement?
Ideally before mid-summer, in late spring or early June.

Is there a legal requirement for safety equipment in common areas?
Yes. Fire extinguishers, AEDs, and other equipment must be maintained and inspected.

How do we prevent pest problems in summer?
Schedule routine pest control and eliminate sources of standing water and food waste.

What are signs of HVAC issues in hot weather?
Warm airflow, inconsistent cooling, and strange noises are common signs.

Can we use email to communicate maintenance updates?
Yes. Digital notifications are efficient and reduce misunderstandings.

Do windows impact energy bills?
Very much so. Poor seals or old windows can raise cooling costs dramatically.

Where can we find official maintenance guidance?
Start with the Florida DBPR or browse general government info at MyFlorida.com .

Avoiding Fines: Common Mistakes Florida Associations Make with DBPR Compliance

Mon, 21 Apr 2025 14:10:00 GMT

Every Florida condo and HOA board knows the name—but not every board fully understands the weight behind it. The Florida Department of Business and Professional Regulation (DBPR) is the regulatory agency that governs how condominium associations operate, and their oversight is no joke. From improper board elections to financial mismanagement, small oversights can turn into costly compliance violations. The good news? Most issues are avoidable—with the right guidance.

At Condominium Associates , we’ve worked with hundreds of boards across Florida to navigate DBPR compliance and avoid preventable penalties. And we can help you, too.

Not sure where your community stands? Request a compliance review today and get peace of mind before your next annual report or audit.

Understanding the DBPR’s Role

The Florida DBPR regulates everything from community associations to licensed professionals like CAMs (Community Association Managers). Their Division of Condominiums, Timeshares, and Mobile Homes ensures that Florida condo associations follow state statutes—particularly Chapter 718, Florida Statutes , which governs condominium law. You can read the statute directly at Online Sunshine.

Compliance isn’t just about knowing the rules—it’s about knowing how they’re enforced. Fines can be issued for something as simple as not properly noticing a board meeting or failing to file your annual financial report.

Common Compliance Pitfalls That Lead to Fines

One of the most frequent violations involves financial reporting. Florida law requires certain financial statements depending on your association’s size and revenue. The Florida Auditor General explains the tiers clearly—but many self-managed communities still get it wrong. Missing your annual report deadline, which must be filed with the Florida Division of Corporations, can also trigger late fees or administrative dissolution.

Another red flag: election mishandling. Board elections must follow strict timelines and notification procedures. Resources like the Florida Condominium Election Brochure can walk you through the basic requirements.

Still, even something as simple as not making official records available can bring trouble. Florida law mandates that associations maintain certain records for at least seven years and make them accessible to owners within ten business days of a written request. More on that can be found at Florida's official DBPR FAQ.

Technology Missteps and Transparency Gaps

Failure to maintain a compliant association web page is another issue. Florida law (Section 718.111(12)(g)) requires associations with 25 or more units to maintain a specific page on a website. The Community Association Institute’s Florida chapter offers webinars and guidance on setting up legally compliant digital platforms.

Still using outdated bookkeeping systems? Inaccurate ledgers or failure to use accrual-based accounting (if required by statute) may draw scrutiny from auditors or lead to disputes. The Florida Institute of CPAs offers continuing education for board treasurers and management companies on staying compliant.

Not All Education Is Equal

Board members often assume that ignorance of the law is an excuse. It’s not. New board members must complete a Board Member Certification within 90 days of election or appointment. The course can be done through many DBPR-approved educators like Florida CAM Schools or Lorman Education . It’s worth noting that free resources are available, too, including legislative updates from the Florida Community Association Journal.

Training isn’t just about checking a box. Staying up-to-date with Florida Administrative Code changes or new legal interpretations helps your association stay proactive. Even seemingly small law shifts—like new reserve study requirements or hurricane shutter rules —can expose your association to fines or legal disputes if overlooked. Learn more on how state law has evolved in this 2024 legislative summary.

How to Proactively Stay in Compliance

Maintaining compliance starts with staying organized. Associations should maintain their records with cloud-based backups and have systems for tracking due dates for filings and reports. The State Library and Archives of Florida even offers templates and best practices for long-term recordkeeping.

Vendor selection matters, too. Only use licensed professionals and verify their status on the Florida License Search Portal. Whether you’re hiring a new CAM, engineer, or reserve specialist, don’t skip this step.

It’s also a good idea to periodically review DBPR newsletters, which include summaries of disciplinary actions and policy updates. You can subscribe via their email updates page.

And when in doubt? Call or email the DBPR’s help desk or legal hotline. It’s not always about avoiding punishment—it’s about making sure your community is truly protected.

Worried your association might be at risk of fines or reporting violations? Request a proposal with our experienced team at Condominium Associates today.

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FAQ’s

1. What is the DBPR and what does it oversee?
The DBPR is Florida’s Department of Business and Professional Regulation. It regulates condominium associations, board members, and community association managers, among other licensed professions.

2. What’s the most common reason an association is fined by the DBPR?
Failure to provide proper financial reporting or not following election protocols are two of the most common violations.

3. Are Florida associations required to have a webpage?
Associations with 25 or more units must maintain a webpage that contains specific records accessible to members.

4. How often do associations need to file with the state?
Annually. Each year, an association must file an annual report with the Florida Division of Corporations.

5. What records must be made available to owners upon request?
Most official records, including meeting minutes, budgets, and financial reports, must be provided within 10 business days upon written request.

6. What kind of accounting method is required?
This depends on the size and income of the association. Larger associations typically must use accrual-based accounting.

7. How can I verify if a CAM or vendor is licensed in Florida?
You can search the Florida DBPR’s License Verification Portal to confirm credentials.

8. Do board members need to take a class?
Yes. Newly elected or appointed board members must complete a certification course within 90 days.

9. What happens if we don’t comply with DBPR rules?
You could face monetary fines, legal actions, or even administrative penalties such as being placed under receivership.

10. Where can I learn about legislative changes that affect HOAs and condos?
The Florida Community Association Journal and law firms like Becker Law provide regular updates on legislative changes.

Insights from a Day in the Life of an LCAM

Wed, 26 Mar 2025 13:26:00 GMT

Have you ever wondered what it’s like to oversee a thriving condominium community?

For a Licensed Condominium Association Manager, no two days are ever the same. The role is a mix of problem-solving, coordination, and engagement, all aimed at maintaining a harmonious living environment. From early-morning property inspections to late-afternoon financial reviews, each day presents new challenges and rewards. Let’s take a closer look at what a typical day entails.

Morning Motivation: A Positive Start

The day kicks off early, often with a strong cup of coffee and a quick email check. Overnight messages from residents or board members may include anything from maintenance requests to community concerns. It’s always a pleasant surprise to find a note of appreciation—maybe a resident thanking the team for a swift repair or an acknowledgment of a well-organized community event. Moments like these reinforce the importance of responsiveness and proactive management.

Daily Property Walkthroughs: Keeping the Community in Top Shape

One of the most critical tasks of the day is the morning property walkthrough. This serves multiple purposes: identifying potential issues before they escalate, ensuring that maintenance work meets expectations, and simply keeping a pulse on the community’s needs. Beyond functionality, these walks allow managers to appreciate the hard work that goes into keeping the property in excellent condition. For those considering this career path, organizations like the Community Associations Institute (CAI) offer training programs that provide valuable industry insights.

Team Meetings: Collaborating for a Well-Maintained Community

Property managers don’t work alone—it’s a team effort. Daily check-ins with maintenance and administrative staff ensure that everyone is aligned on priorities. From routine upkeep to urgent repairs, these meetings help create a plan to keep everything running smoothly. Staying informed about best practices is key, and resources like Buildium’s Maintenance Tips provide valuable guidance. You can also gain practical tips from checking out https://www.narpm.org/ .

Lunchtime Learning: Continuous Education for Better Management

Staying ahead in property management means always learning. Whether it’s attending an online webinar on energy efficiency or reading up on the latest regulations, a good manager is always seeking ways to improve the community. Organizations like Energy Star for Buildings and the U.S. Green Building Council offer great insights into sustainability, which has become a crucial aspect of modern property management.

Afternoon Resident Consultations: Strengthening Community Bonds

A big part of the job is fostering strong relationships with residents. The afternoon is often filled with meetings addressing concerns, from upcoming events to policy clarifications. Pet policies, for instance, can be a frequent topic, and resources like the ASPCA can help provide guidelines for responsible pet ownership within the community. Open communication is essential, ensuring that residents feel heard and valued.

Working closely with the maintenance team is essential. They discuss everything from routine repairs to urgent maintenance needs, ensuring that both safety and aesthetics are prioritized within the community. Staying on top of maintenance is key to ensuring community happiness and safety. For additional insights, they often refer to resources like Buildium's Maintenance Tips and Community Associations Institute .

End-of-Day Financial Review: Keeping the Budget in Check

Financial oversight might not be the most glamorous part of the job, but it’s one of the most critical. Reviewing budgets, tracking expenses, and ensuring that the community’s finances remain stable is a daily responsibility. Many managers rely on digital tools like Mint or consult HOA Financial Management resources to streamline the process. Financial diligence ensures that the community remains well-funded for future projects and maintenance needs.

Reflecting on the Day’s Impact

As the workday winds down, there’s a moment to reflect on the bigger picture. Each decision, whether it was a quick maintenance fix or a long-term financial strategy, plays a role in shaping a thriving community. It’s a rewarding feeling to know that the work being done makes a tangible difference in people’s lives.

Additional Insights on Community Management

Being an effective property manager requires a diverse skill set, from organization and financial planning to conflict resolution and leadership. To stay at the top of their game, many managers turn to resources like the American Management Association and AppFolio Property Management Software. For handling disputes—an inevitable part of community living—Online Conflict Resolution Education provides essential training.

Advanced Management Strategies

Beyond daily operations, experienced managers invest time in enhancing long-term community planning. Leveraging tools like Yardi Property Management Solutions and Procore Project Management Software helps streamline larger projects, ensuring efficiency. Additionally, securing proper insurance coverage is a crucial aspect of risk management, with resources like State Farm Condo Association Insurance providing tailored solutions.

Emergency Preparedness: Being Ready for the Unexpected

A responsible manager is always prepared for emergencies. Whether it’s extreme weather, power outages, or unexpected maintenance failures, having a plan in place is essential. Websites like Ready.gov offer valuable tips on community-wide preparedness. Legal updates and compliance with property laws are also key areas of focus, making HOA Legal Resources a go-to for up-to-date information.

Staying Connected: Technology for Better Communication

In today’s digital world, seamless communication is a must. Many managers use platforms like Zoom Video Communications for virtual board meetings, ensuring clear discussions and efficient decision-making. Staying informed and engaged helps create a well-managed, thriving community.

Final Thoughts

A day in the life of a Licensed Condominium Association Manager is a dynamic mix of responsibilities, from overseeing maintenance to fostering community connections. It’s a role that requires patience, adaptability, and a passion for building a great living environment. While the challenges are plenty, the rewards—seeing residents enjoy a well-maintained and vibrant community—make it all worthwhile.

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Frequently Asked Questions About Being a Licensed Condominium Association Manager

1. What qualifications do you need to become a Licensed Condominium Association Manager? To become a Licensed Condominium Association Manager, you typically need a combination of education and experience in property management. Most states require a specific license, which often involves completing a set number of educational hours in property management and passing a licensing exam. Additionally, it's beneficial to have a background in business, real estate, or hospitality, as these areas provide relevant skills for managing properties effectively.

2. How do you handle conflicts between residents? Handling conflicts between residents requires diplomacy, patience, and strong communication skills. The first step is to listen actively to each party's concerns and validate their feelings. I then work to mediate discussions and find common ground, often referring to the condominium's rules and regulations as a neutral guide. When necessary, we also involve mediation professionals to ensure that resolutions are fair and sustainable.

3. What’s the most challenging part of your job? One of the most challenging parts of the job is balancing the diverse needs and expectations of all residents while managing the financial and operational constraints of the property. Each decision can significantly impact the community's quality of life, so it's crucial to consider all factors and communicate openly about the reasoning behind each decision.

4. How often do you communicate with the condominium board? Communication with the condominium board is frequent and structured. Typically, I meet with the board at least once a month to discuss ongoing issues, upcoming projects, and financial matters. Additionally, we have ad-hoc meetings if urgent issues or opportunities arise that require immediate attention.

5. What are some common maintenance issues you deal with? Common maintenance issues in condominiums include plumbing leaks, electrical issues, HVAC malfunctions, and general wear and tear in communal areas. Regular inspections and maintenance schedules help mitigate these problems, but unexpected issues can still arise that require prompt attention to prevent larger problems.

6. How do you stay updated with property management regulations? Staying updated with property management regulations involves regular training, attending industry seminars, and subscribing to relevant publications and legal updates. Additionally, I maintain memberships with professional organizations like the Community Associations Institute (CAI) and the National Association of Residential Property Managers (NARPM), which provide resources and updates on changes in property management laws and best practices.

7. What’s the best part about working as a Condominium Association Manager? The best part of being a Condominium Association Manager is the sense of community and the ability to make a tangible difference in people's lives. It's rewarding to see the community flourish—whether through improved facilities, well-maintained landscapes, or happy residents—and know that your hard work helps create a welcoming and functional living environment.

8. How do you manage large-scale renovations or repairs? Managing large-scale renovations or repairs involves careful planning, budgeting, and communication. I coordinate with contractors, architects, and the condominium board to ensure that all projects align with the community's needs and financial capabilities. Regular updates to the residents are crucial to managing expectations and minimizing disruptions. We also ensure compliance with all local building codes and regulations.

9. Can residents suggest improvements or changes in the community? Absolutely, resident suggestions are always welcome and encouraged. Typically, there's a process in place for submitting these suggestions, either through community meetings, direct submissions to the management office, or via an online portal. These suggestions are then reviewed with the board to determine feasibility and alignment with the community's long-term goals.

10. What advice would you give someone considering this career path? For anyone considering a career as a Condominium Association Manager, my advice is to focus on developing strong interpersonal, organizational, and problem-solving skills. It's also beneficial to gain a solid understanding of property law, finance, and building maintenance. Networking with industry professionals and seeking mentorship can provide valuable insights and opportunities in this dynamic field. Above all, a successful manager is adaptable, proactive, and genuinely committed to serving the community.

Creating a Charitable Giving Drive Within Your HOA or Condo Community: How to Make an Impact Together

Wed, 20 Nov 2024 16:45:00 GMT

Creating a charitable giving drive in your HOA or condo community can be such a rewarding experience. Not only do you get to spread holiday cheer to those in need, but it also brings residents together in a special way. Imagine neighbors from all walks of life uniting to make a difference—how beautiful is that? Here’s a friendly, easy guide to setting up your own community drive, along with some tips to make sure it goes smoothly and everyone has a good time.

CHOOSING YOUR CAUSE

First things first, let’s talk about choosing a cause that hits home. It’s a lot easier to get people involved if the cause resonates with them, so consider asking around or doing a quick survey to see what excites your residents. Maybe it’s a food drive for a local pantry, a toy collection for underprivileged kids, or warm coats for families facing a cold winter. For food donations, check out organizations like Feeding America, which connects you to nearby food banks and makes it easy to help local families. Toys for Tots is perfect if you’re thinking about a toy drive, and One Warm Coat is a fantastic resource if your community wants to focus on clothing donations. Choosing something that means something to your group will create a real sense of purpose.

Some websites for charitable donations to consider:

Toys For Tots : Run by the U.S. Marine Corps Reserve, collects and distributes new toys to children in need during the holiday season, bringing joy and hope to millions. Their mission is to ensure that every child experiences the magic of the holidays.
Feeding America : The largest hunger-relief organization in the United States, working with a nationwide network of food banks to combat food insecurity. Their programs provide meals to millions of individuals and families, while also addressing the root causes of hunger.
Habitat for Humanity : Founded by former President Jimmy Carter, helps build affordable housing for families in need, empowering them to achieve strength, stability, and independence through homeownership. Volunteers and donors worldwide support their mission to create a world where everyone has a decent place to live.
Salvation Army : Provides a wide range of social services, including shelter, food, disaster relief, and community support, to people in need. Their programs aim to combat poverty, uplift communities, and share hope during difficult times.
One Warm Coat : A derivative of the Salvation Army, is dedicated to providing free coats to those in need, promoting warmth and dignity for underserved individuals. They support coat drives nationwide and partner with organizations to distribute donations directly to local communities.

Once you have your cause, it’s time to get a partner involved. Local charities are always looking for partners, and they can make the process so much easier for you. Habitat for Humanity and the Salvation Army, for example, have the logistics down to a science and will often provide support materials, collection bins, and even promotional tools to help you spread the word. Partnering with a local charity not only increases the credibility of your drive but also shows residents that their contributions are making a real impact.

SETTING WORTHWHILE AND MEANINGFUL GOALS

Let’s move on to setting goals. Aiming for a specific number of items, like 100 pounds of food or 50 coats, gives everyone something tangible to work towards. A clear, achievable target can motivate people, and it’s fun to celebrate together when you reach it! Try to keep your drive between two and four weeks long. That way, everyone has time to participate without losing interest.

Next, get the word out! The more, the merrier, right? Post about the drive in your community newsletter, on social media, and in any email blasts your HOA or condo association sends out. You can even use tools like Eventbrite to organize your event and let people RSVP—it’s a great way to gauge interest and keep track of who’s participating. If your community is active on platforms like Nextdoor or Facebook, these are perfect places to share your drive with other neighbors who might not be aware of it. A friendly countdown can also keep people engaged and excited as the drive moves along. Want to bring positive change to your HOA or condo community? Let us help you organize initiatives like charitable giving drives with professional support! Click here to request a proposal today.

BUT…HOW, WHEN OR WHERE SHOULD I DONATE?

Once your drive is in full swing, make it as easy as possible for people to donate. Setting up donation stations in convenient areas—like the lobby or mailroom—makes a huge difference. If you’d like to accept digital donations, consider creating an online fundraiser with GoFundMe, which allows people to contribute from their phones. This makes it easy for everyone to participate, even if they can’t make it to a physical collection spot.

A fun way to boost participation is by adding a little incentive! You might organize a small raffle where each donation counts as an entry, or offer a small prize for the person who contributes the most items. This adds an element of excitement and gives people a reason to give just a little more. Charity Navigator is a good resource for finding charities that might even provide small perks in exchange for donations, which you can pass on to your community.

YOU WORKED HARD, SO CELEBRATE!

After your drive wraps up, why not host a small celebration to thank everyone who contributed? A hot cocoa night, holiday cookie exchange, or even a coffee gathering in the common area is a great way to wrap things up. A little appreciation goes a long way, and residents will love the chance to celebrate their efforts together.

Finally, keep everyone in the loop about the impact of their contributions. Share updates on how much was raised or collected and how many families or individuals will benefit. CauseVox is a helpful tool if you want to track and share progress online. These updates remind everyone of the good they did together and keep the spirit of giving alive in your community.

So, there you have it—a complete guide to hosting a successful and heartwarming giving drive in your community. Let’s make a difference together this holiday season! For more information on how to host a donation drive click here: https://donorbox.org/nonprofit-blog/donation-drive?utm_source=chatgpt.com

FAQ Section

How do we choose the right cause for our community’s charitable drive?
Choosing a cause that resonates with residents is key. You can survey the community or focus on local needs, like food, toy, or clothing donations, to find the right fit.
Can our HOA or condo community hold an online-only giving drive?
Absolutely! Many platforms, like GoFundMe and CauseVox, allow you to create digital donation drives, which is convenient for residents who prefer giving online.
How do we handle non-monetary donations like clothes and toys?
Designate drop-off points in accessible areas, like the lobby, and schedule regular pickups to keep the area organized.
How can we incentivize participation in our charitable drive?
Raffles, small prizes, or shout-outs for participants are simple ways to encourage involvement. Fun rewards make giving back even more enjoyable!
How can we ensure that our charitable drive is transparent and well-organized?
Use online resources like Charity Navigator to vet charities, set clear goals, and provide progress updates to keep everyone informed.

Inspired to foster unity and make a difference in your community? See how our management services can support projects like your next giving drive.

Click here to request a proposal now.

Understanding the Importance of Reserves for Your Condo or HOA

Wed, 16 Oct 2024 13:57:00 GMT

As a board member of a condominium or homeowners association (HOA), managing your community’s reserve funds is a critical task. Reserves are your association’s financial safety net, set aside for future repairs and replacements. In 2024, with new Florida laws tightening regulations around reserve funds, having a solid financial plan in place has never been more important. This blog will guide you through what reserve funds are, why they’re essential, and how Condominium Associates can help ensure your reserves are ready for future needs.

What Are Reserve Funds?

A reserve fund is a dedicated savings account your association uses to pay for major repairs or replacements that don’t happen annually. Common expenses covered by reserve funds include but are not limited to:

Roof replacements
Elevator repairs
Road and parking lot resurfacing
Pool renovations

If you live in a condominium which is 3 stories in height or higher, there is a list of additional items you must reserve for that cannot be waived. One of the first things you should have done is arrange to have a Structural Integrity Reserve Study (SIRS). If your building is 3 stories or higher and you have not completed the SIRS, you must prepare to have one done as soon as possible.

Without adequate reserves, special assessments may need to be issued to pay for needed repairs to your association’s infrastructure. Proper reserve planning spreads these costs over time, preventing financial strain on residents and keeping the community in good condition.

Why Reserve Funds Matter For Property Values

It’s a proven fact that having well-maintained reserves not only protects against financial surprises and helps maintain or increase property values. Homes in communities with healthy reserves tend to attract more qualified buyers, as they feel confident that major repairs won’t result in large assessments down the road. Neglecting reserves, on the other hand, can lead to delayed repairs, making the community less attractive to potential homeowners.

Florida's 2024 Reserve Fund Requirements: What You Need to Know

Recent changes in Florida state law have made reserves more important than ever, especially after the tragic collapse of Champlain Towers South in 2021. These new regulations are designed to ensure that buildings remain safe and well-maintained. Here’s a breakdown of the new requirements:

Mandatory Building Inspections

Condo buildings over three stories must now undergo structural inspections every 10 years. These inspections check for critical issues before they escalate into dangerous situations. Buildings over 30 years old need to complete their first inspection by December 31, 2024 ( Warren Averett on new building and reserve requirements ).

Reserve Studies Required By Law

Florida law mandates that associations conduct a Structural Integrity Reserve Study (SIRS) by December 31, 2024. A reserve study assesses the condition of major items like roofs, elevators, and plumbing and estimates when they’ll need to be repaired or replaced. These studies are now required every 10 years.

Fully Funded Reserves Are Mandatory

One of the biggest changes is that as of December 31, 2024, associations will no longer be allowed to waive or reduce reserve funds. Associations must now fully fund reserves based on the outcomes of their reserve study, ensuring money is available when major repairs are needed.

Want To Know More? Request A Proposal Here

Condominium Associates Can Help You Manage Your Reserves

Navigating these new requirements and managing your community’s reserves can feel overwhelming, but we’ve helped so many associations manage their reserves successfully. We offer a range of services designed to keep your reserves in line with state law and ensure long-term financial stability.

Professional Reserve Studies

We work with professionals who are tops in the industry to conduct reserve studies that give your board a clear roadmap for future repairs. These studies help determine how much money should be set aside each year, keeping your association financially prepared.

Budget Planning

We’ll help you create a budget that balances everyday expenses with long-term reserve contributions. By planning ahead, we can ensure your association stays compliant with Florida’s reserve funding requirements and avoid last-minute assessments ( Warren Averett ).

Compliance With Florida Laws

Florida’s reserve fund laws are complex and always developing. Our team stays up to date on all the latest regulations to make sure your community is compliant and financially secure ( Katzman Chandler ).

Top Tips For Managing Reserves

To ensure your community’s reserves are ready for the future, here are a few key tips:

Regularly Update Reserve Studies - The best cadence for scheduling reserve studies is every three to five years to stay ahead of future costs and ensure your community is saving enough.

Account For Rising Cost - Due to inflation and the rising cost of materials, your reserve fund contributions should increase over time. Your budget should always adjust to keep pace with these costs. You may also want to account for inflation when preparing your budget.

Don’t Delay Major Repairs - We think it goes without saying that tackling repairs early often costs less than putting them off. Delaying fixes can lead to more significant and costly problems down the road.

Keep Residents Informed - Regular and consistent communication with homeowners about the purpose of reserves prevents confusion and frustration when reserve funds are used for big projects.

Conclusion

Having well-funded reserves is not only smart planning, but it's also now a legal requirement in Florida. As your community prepares for the future, Condominium Associates is here to ensure your reserves are compliant and your finances are in order. Whether it’s conducting a reserve study or helping you plan your budget, we’ve got you covered.

For more information on managing your reserves and staying compliant with Florida’s laws, you can request a proposal to get all of the information you need .

FAQ’s

1. What are reserve funds, and why are they necessary for my condo or HOA?

Answer: Reserve funds are savings set aside by a condo or HOA to cover future major repairs or replacements, like roof repairs, elevator maintenance, or road resurfacing. These funds help avoid sudden financial strain on homeowners and ensure that necessary repairs can be made without requiring special assessments.

2. How do the new 2024 Florida laws impact reserve fund requirements for condos and HOAs?

Answer: As of 2024, Florida law requires all condos over three stories to conduct mandatory building inspections and a Structural Integrity Reserve Study (SIRS) every 10 years. Additionally, associations can no longer waive or reduce reserve funds, ensuring they are fully funded to cover future repairs.

3. What happens if my condo or HOA doesn’t have enough reserves?

Answer: Without adequate reserves, your association may need to issue special assessments to cover the cost of major repairs. This could place unexpected financial pressure on homeowners and could delay necessary repairs, potentially lowering property values.

4. How often should reserve studies be conducted?

Answer: Reserve studies should be updated every three to five years, but Florida law now requires a Structural Integrity Reserve Study every 10 years for buildings over three stories. Regular updates ensure your association is saving enough to meet future repair needs.

5. Can Condominium Associates help our HOA or condo comply with the new Florida reserve fund laws?

Answer: Yes! Condominium Associates provides professional reserve study services, budget planning, and ongoing compliance support to help your community stay on track with Florida’s updated laws and ensure your reserve funds are properly managed.

How Do Condo Associations Handle Regular Maintenance Costs?

Mon, 16 Sep 2024 14:04:00 GMT

Owning a condo has its perks—shared amenities like a sparkling pool, well-kept landscaping, and maybe even a gym, all without lifting a finger. But have you ever stopped to think about how all those maintenance tasks get paid for? Let’s dive into how your condo association manages these costs, keeping everything running smoothly behind the scenes.

Your Monthly HOA Fees: Where the Money Goes

Those monthly HOA fees you pay aren’t just random charges; they’re a crucial part of how your condo community stays in tip-top shape. Think of your HOA fees as a shared investment in your property’s upkeep. Every unit owner contributes, and those funds get pooled together to cover the costs of maintaining the community. This includes everything from mowing the lawns to fixing that leaky roof.

Your fees are based on a budget that your condo’s board of directors carefully plans out each year. They consider what it takes to keep things running smoothly—whether it’s routine tasks or those bigger, once-in-a-while projects. Curious about what your HOA fees cover? Here’s a great read that might answer some of your questions.

Understanding the Budget: Operating Funds vs. Reserve Funds

So, where exactly does your money go? The condo association’s budget is generally split into two main parts: the operating fund and the reserve fund.

The Operating Fund is the go-to account for everyday expenses—think of it as the association’s checking account. This fund covers regular, predictable costs like landscaping, cleaning common areas, paying utility bills, and taking care of small repairs. It’s all about keeping the day-to-day operations running smoothly. Need more details? Here’s a deeper dive into what an operating fund covers.

On the other hand, the Reserve Fund is like the association’s savings account. This fund is set aside for bigger, less frequent expenses, such as repaving the parking lot, replacing the roof, or upgrading old systems like HVAC. It’s money saved for a rainy day—literally, in some cases! Associations are legally required to maintain a reserve fund, ensuring there’s money available when those big-ticket items need attention. Want to know why a healthy reserve fund is so important? This resource explains it well.

When Surprises Happen: Special Assessments

Now, what happens if something unexpected comes up and there isn’t enough money in the operating or reserve funds to cover it? Enter the Special Assessment. Sometimes, despite the best planning, unexpected repairs or improvements are necessary, and the regular budget just can’t handle it. When this happens, the board may need to ask owners to chip in a bit extra through a special assessment. While these aren’t exactly anyone’s favorite solution, they’re sometimes the only way to keep the community in good shape. Want to learn more about special assessments and how they work? Here’s a guide that breaks it all down .

Keeping Things Transparent

The best way to keep everyone happy and the community running smoothly is through careful planning and clear communication. The board of directors works closely with property managers and financial experts to create a budget that’s realistic and sufficient. Every year, they review this budget and make adjustments as needed to cover all anticipated costs.

But it’s not just about numbers—it’s also about keeping you in the loop. Transparency is key. Regular financial reports and open meetings help everyone understand where the money is going and why certain decisions are made. After all, it’s your money, and you have a right to know how it’s being used. For more on how to create an HOA budget or the importance of financial transparency, check out these links: HOA Budget and Financial Transparency .

Avoiding Financial Pitfalls

To avoid financial headaches down the road, it’s crucial to keep that reserve fund well-stocked. Underfunded reserves can lead to more frequent and larger special assessments, which nobody wants. That’s why regular Reserve Studies—basically checkups on how much money should be in the reserve fund—are a smart move. These studies help ensure that the association is prepared for those bigger expenses without needing to hit owners with surprise costs. Curious about what a reserve study is and how often it should be done? This guide has all the details .

Wrapping It Up

Keeping a condo community in good shape isn’t cheap, but with smart planning and responsible management, your condo association can cover maintenance costs without too much hassle. By paying your HOA fees, staying informed, and getting involved in community decisions, you’re helping to protect your investment and ensure that your community remains a great place to live. After all, a well-maintained property isn’t just about aesthetics—it’s about maintaining the value and quality of your home.

Got questions about how your fees are being used or how the budget is managed? Don’t hesitate to reach out to your board or property manager. Being informed and engaged is the best way to keep your community thriving.

Ready to take your community’s management to the next level? If you’re looking for a trusted partner to help your condo association manage maintenance costs effectively, we’re here to help. Contact us today to request a proposal and discover how our tailored solutions can meet your community’s unique needs. Let’s work together to ensure your property remains a place you’re proud to call home.

This blog is crafted to help board members and condo owners better understand how regular maintenance costs are handled in a condominium association. If you found this helpful, be sure to explore our other posts on association management best practices!

Accounting Services Designed for Self-Managed Properties

Tue, 03 Sep 2024 14:54:00 GMT

Over the years, we've had countless conversations with board members from self-managed homeowner and condominium associations all across Florida. These chats were more than just meetings; they were eye-opening moments where we got to hear about the real challenges of managing a community’s finances. It's not just about crunching numbers—there’s a lot of stress involved, especially when you don’t have a professional financial background. Honestly, after hearing about these struggles over and over, we realized that something had to change. That’s when it hit us: we have an accounting service that’s tailor-made for the unique needs of Florida’s self managed community associations?

Customized Solutions with Accounting Plus

What really drove us to action was the feedback we got from the board members of self managed associations we spoke with. They had no interest in one-size-fits-all solutions. They wanted to address the very specific problems these board members face every day. And guess what? It worked! We’ve heard from many of them that implementing Accounting Plus's services may not only make their jobs easier but will also bring a sense of financial security to their communities.

So, if you’re a board member who’s feeling overwhelmed by the financial side of things, you’re not alone—and you don’t have to figure it all out by yourself. Accounting Plus is here to help with everything from budgeting to record-keeping, and beyond. Accounting Plus's intuitive software platform makes managing your association's finances straightforward and stress-free. Check out our website to see how we can make your life a little easier.

Overcoming Financial Challenges: How Accounting Plus Can Help

Record-Keeping: Ensuring Accuracy and Consistency

One of the most common issues we heard about was inconsistent record-keeping. Let’s be real—most board members are volunteers who may not have formal financial training. This makes keeping records accurate and consistent a real headache. And when you’re juggling a million other responsibilities, mistakes can happen. That’s where Accounting Plus comes in. Accounting Plus's user-friendly software ensures that all your financial records are organized and easily accessible, eliminating the guesswork and reducing the risk of errors. We've designed it so that even those without an accounting background can navigate it with ease. By the way, the Florida Institute of CPAs has some awesome resources on best practices for financial record-keeping if you’re interested in learning more.

Budgeting Support: Making Financial Planning Easier

Budgeting—sounds simple, right? But as we heard from many board members, drafting a budget is one thing, sticking to it is another. Accurately predicting costs can feel like playing a guessing game, and unfortunately, shortfalls can happen, especially with self managed associations. That’s why Accounting Plus will work closely with boards to create budgets that aren’t just realistic but also easier to manage. Adding Accounting Plus's software to your associations website will bring powerful budgeting tools that will allow you to track expenses and adjust forecasts in real-time, giving you a clear picture of your financial standing at any moment. If you’re looking for some handy tools to help out, the University of Florida IFAS Extension has some pretty cool resources.

Streamlining Collections: Reducing Stress for Board Members

Another common issue we heard was the uncomfortable task of collecting dues from neighbors. Let’s face it—no one likes to be the bad guy. Delays in collections can really hurt the association’s revenue, and that’s why many board members wished there was a smoother way to handle this. With Accounting Plus's integrated payment system, residents can easily pay their dues online through a secure and convenient portal on your associations website. This not only ensures timely payments but also removes the awkwardness from the collection process. Automated reminders and tracking features keep everything running smoothly without constant oversight. If you’re looking for more tips on effective collection strategies, Community Associations Network has got you covered.

Navigating Compliance and Tax Filing

When it comes to compliance and tax filing, the rules in Florida can feel like a maze. It’s easy to get lost, and missing a deadline or making an error is a constant worry for board members. We get it, which is why Accounting Plus has taken on the responsibility of handling these tasks for you. Accounting Plus's software stays updated with the latest regulations, ensuring that all your filings are accurate and submitted on time. Plus, the Accounting Plus team will always be on hand to answer any questions and guide you through complex compliance issues. If you want to dive deeper into the nitty-gritty, the Florida Department of Revenue and the Florida Division of Administrative Hearings are great places to start.

Achieving Financial Transparency in Your Community

Financial transparency is another big one. It’s crucial for maintaining trust within your community, but it’s easier said than done. We’ve heard from self managed association board members that unclear financial reporting can lead to misunderstandings and even conflicts among homeowners. That’s the last thing anyone wants. Accounting Plus's platform provides clear and comprehensive financial reports that can be easily shared with community members, fostering trust and openness. You can customize reports to highlight the most important information and even schedule regular updates to keep everyone informed. For more on ensuring transparency and compliance, both the Consumer Financial Protection Bureau and the Florida Attorney General’s Office offer some useful guidance.

Experience the Difference with Accounting Plus

What sets Accounting Plus apart is not just the services but also the technology that powers them. We've invested in creating a platform that's not only robust and secure but also incredibly easy to use. Whether you're updating records, reviewing budgets, or communicating with residents, Accounting Plus's software simplifies every aspect of financial management for your association. Plus, the support team is always just a call or click away to assist you with any questions or issues you might encounter.

Handy Resources for Florida Board Members

Over time, we’ve collected a few go-to resources that board members might find helpful. For starters, the Florida Department of Business & Professional Regulation has some solid guidelines on record-keeping, which are essential for keeping your financial records in check. If you’re looking for the legal lowdown, Florida Statutes Chapter 718 and Chapter 720 cover the essential rules for condominiums and homeowners’ associations.

When it comes to budgeting, the Community Associations Institute offers great resources specifically tailored for HOAs. And let’s not forget taxes—both the IRS and the Florida Department of Revenue provide all the guidance you need to handle your HOA’s tax obligations.

To stay on top of transparency and compliance, the Florida Division of Corporations and the Florida Division of Condominiums offer all the key info you need to ensure you’re following the right rules. Insurance can be a bit of a maze, but the Florida Office of Insurance Regulation can help you figure out what your community association needs.

For the latest news and best practices, the Florida Community Association Journal is a fantastic resource to keep you in the loop. And if you’re dealing with fair housing regulations, the U.S. Department of Housing and Urban Development (HUD) offers valuable insights that could really come in handy.

Ready to transform the way your association handles its finances? Get in touch with an expert today and discover how Accounting Plus can make your role as a board member more manageable and effective. Let's work together to build a financially healthy and transparent community.

Get In Touch With An Expert Today!

FAQ’s

Why did Accounting Plus decide to create a specialized accounting service for community associations?

After chatting with board members from self-managed homeowner and condo associations across Florida, it became clear that handling a community’s finances can be pretty overwhelming, especially if you don’t have a background in finance. These conversations showed us there was a real need for tailored support, so we decided to step in and create an accounting service that’s designed specifically for the unique challenges board members face.

How does Accounting Plus make managing finances easier for board members like me?

We know that managing finances can feel like a lot, so Accounting Plus developed an easy-to-use software that takes the guesswork out of it. Whether it’s keeping your records straight, sticking to a budget, or collecting dues, our platform is designed to simplify everything. It’s intuitive, meaning you don’t need to be a financial expert to use it, and it handles things like automated billing and payment processing, so you can focus on what really matters.

Can Accounting Plus help with all the complicated compliance and tax stuff?

Absolutely! We understand that navigating compliance and tax filing can feel like walking through a maze. That’s why Accounting Plus handles these tasks for you. Our software keeps up with the latest regulations, making sure everything is filed correctly and on time. Plus, we’re always here to help with any questions you might have, so you never have to worry about missing a deadline or making an error.

How does Accounting Plus ensure transparency with our community’s finances?

Transparency is key to keeping everyone in the community on the same page. Accounting Plus provides clear, easy-to-understand financial reports that you can share with your residents. You can customize these reports to show exactly what’s important, and even set up regular updates to keep everyone informed. It’s all about making sure there are no surprises when it comes to your community’s finances.

What makes Accounting Plus’s budgeting tools different?

Budgeting can be tricky, but Accounting Plus’s tools make it a lot simpler. Our software lets you track expenses in real-time and adjust your forecasts as needed, giving you a clear view of where your finances stand at any given moment. This way, you can create a budget that’s realistic and easier to stick to throughout the year, helping you avoid those unexpected shortfalls.

What Florida Agency Regulates Condominium Associations and Boards? Discover the Essentials

Wed, 17 Jul 2024 21:17:00 GMT

Introduction

Managin͏g a condomin͏ium association in Florida ca͏n be challenging, as ͏the͏re are intrica͏te regulations to n͏avigate. The Florida Department of Business and Professional Regulation (DBPR) is central to this regulatory framework.It͏ ensures that cond͏ominium associations and boards comply with state laws and offer crucial resources for effective management. Dive in to learn about the DBPR͏, understand͏ the ͏Florida Condomi͏nium Act, and access resources to help your asso͏ciation operate smoothly and legally.

The Role of the DBPR

The ͏͏DB͏PR is an umbrella organization that oversees many businesses and prof͏es͏sions͏ in the State of Florida, including cond͏o͏minium associations͏. ͏The͏ specific d͏ivision within ͏DBPR, known as the Division of Florida Condominiums, Timeshares, and Mobile Homes , is respo͏nsible ͏for issues concerning condos. I͏t ensures the accountab͏ility of the condo associations to the ͏rules and regulations des͏cri͏bed by the state,͏ aimed at making them more tra͏nsparent, fair, and responsibl͏e͏.

͏The DBPR provides͏ tra͏ining programs for board ͏memb͏ers and Community Association Ma͏nagers (CAMs). These ͏programs help the parties ͏involved understand their dut͏i͏es and ͏the ͏law͏s pertaining to͏͏ them in ͏any c͏ondominium association. Another significant function of͏ the DB͏PR is enforcemen͏t. Corre͏ctive a͏c͏tio͏ns and pe͏nalties are impose͏d where rules are being broken, ͏ensu͏ring that associatio͏ns operate lawfull͏y. Additionally, the DBPR ͏offers͏ mediation and arbitration services for resolving disagreements within associ͏ations, helping avoid costly and time-consuming cour͏t battles.

The Florida Condominium Act

The basic statute governing condominium associ͏ations in Florid͏a ͏is the Florida Cond͏ominium Act, commonl͏y ͏referred to as Chapter 718 of the Florida Statutes . This act provides specific guidelines͏ on how to form, manage, an͏d operate con͏dominium associati͏ons. Fo͏rmation ͏of the c͏ondo͏min͏ium͏ ass͏ociation involves͏ filing state-͏requ͏ired documents and following stipula͏ted processes to ͏ensu͏re le͏gality and compliance. It also out͏lines the governance structure by elaborating͏ the roles and responsibilities of board members and off͏icers. This design ensures a sound a͏dministration s͏ystem and democratic decision-making within the associ͏atio͏n.

Election and re͏gular board meetings serve as the ba͏sis of democratic governance and transparency. These m͏eetings provide an opportunity for unit owner͏s to weig͏h in on dec͏isio͏ns and monitor the as͏sociat͏i͏on'͏s͏ activities. Un͏it owner͏s ͏are accorded spec͏ifi͏c rights, such͏ as the right͏ to access fi͏na͏ncial rec͏ords, attend ͏meetings and participate in decision-͏making membership meetings. These rights help owners stay informed and engaged in community management. The͏ board is expe͏cted to observe transparency an͏d act͏ in the best inter͏est of the asso͏c͏i͏ation while fulfilling their fiduciary duties, ͏͏en͏suring ethical͏ m͏anagement.

Financial transparency is crucial. Associa͏tio͏n͏s are͏ obliged to maintain proper͏ financial records, including budg͏ets, expenses, and reserves, ensuring reasonable and transparent fund management. The ͏a͏c͏t provides mech͏anisms for dispute resolution through mediation or arbitration for fair and efficient conflict reso͏lution. Proce͏dures͏ for handlin͏g vi͏olations include fines or other penalties to ensure compliance with͏ this act.

The Core Responsibilities of the DBPR

The DBPR enforces compliance with state laws and regulations through inspections, investigating complaints, ͏a͏nd taking corrective steps. It has the authority to impose fines or other penalties for non-compliance. Th͏e͏ DBPR also offers alternative ͏dispute resolution (ADR) services to settle ͏disputes within associations. Mediation is nonbinding, while arbitration results in a final ͏decision, providing an alternative to litigation.

Filing a Complaint and Dispute Resolution

Unit͏ owners or board͏ members can file complaints with the DBPR, u͏sually͏ invol͏ving disputes related to elections, financial mis͏management,͏ or state ͏͏law vi͏ola͏tions. Compla͏͏ints must be de͏tailed and specific about alleged vio͏lations. The DBP͏R investigates these complaints to͏ determine if there are breaches of ͏st͏ate laws͏ or regulations. If enfo͏rceable, ͏the DBPR may offer vo͏luntar͏y mediation, allowi͏ng free ͏communication͏ and negot͏iation. If mediatio͏n fails, the DB͏PR conducts͏ arbitration, where an indep͏ende͏nt͏ a͏rbitrator render͏s a bin͏ding͏ d͏ecisio͏n, resolving conflicts faster and ͏͏chea͏per tha͏n ͏c͏ourt pro͏cedures. The͏ DBPR may impos͏e fines͏, sanctions, or other punitive actions for violations to enforce co͏mpli͏ance and promote fairness.

Human Resources and Support

The͏ DBPR provides exte͏nsive guidelines in areas ͏such as financial re͏porting an͏d governance ͏practices, assisting as͏sociations in maintaining transparency, accountabilit͏y, and effective management. Worksho͏ps ͏and training programs for board members and CA͏Ms cover subjects such as le͏g͏al respo͏nsibilities, financial management, and dispute resol͏ution, keeping them prep͏ared for their roles. The DBPR website offers resources like FA͏Qs, legal updates, instructional videos, and downloadable forms, supporting associations in complia͏nce and ope͏rat͏ional management.

Annual Reporting and Compliance

Florida laws require associations to produce ͏financial statements and rec͏o͏rds of boar͏d activities, ensu͏rin͏g͏ transparency, and ͏accountability in condominium manag͏eme͏nt. ͏Annual financial statemen͏ts must be pr͏epared according to GAAP, reflecting the associat͏ion's income,͏ expend͏itures, and re͏serve funds, ensuring transparent an͏d responsible financial management. The need for an independent audit depends on the size and financial state of the ͏as͏sociation. Audits provide extra͏ oversight, e͏n͏su͏rin͏g th͏e accura͏cy of fi͏nancial statements and pr͏oper fun͏d managemen͏t.

Licensing and Registration of CAMs

Prospective͏ CAMs must complete an approved pre-licensure education course covering property management, legal requirements, and financial management. After completing the coursework, candidat͏es must͏ pass a state exam to obtain ͏a licens͏e. C͏AMs must undergo͏ a ba͏ckgrou͏nd check to ensure suitability for the role and that they can manage condominiums asso͏ciati͏ons effectively. Licensed CAMs must attend continuing education courses on ͏new laws, rules, and best practices, ensuring they stay ͏updated and competent in managing ͏condominium associations.

Restating the Role of DBPR

The Florida Department of Business and Professional Regulation (DBPR) plays a critical role in enforcing laws related ͏t͏o c͏ondominium associations and their boards. It manages conflicts, ensures͏ transpare͏ncy, and maintains the inte͏grity and harmony of condominium͏ communities. E͏ffective m͏anag͏em͏ent ͏of a condo͏minium requires unde͏rstanding th͏e DBPR's role and the ͏require͏ments set fo͏rth ͏in t͏he Flor͏ida Condominium Act. Managing Florida'͏s condominium re͏g͏ulations can be challenging, but you're not alone.

Condominium Associates: Your Partner in Compliance

Condominium Associates specializes in Florida statutes and DBPR guidelines, offering expe͏rt mana͏gemen͏t ͏service͏s to ensure your associat͏ion remains c͏ompliant and operates smoothly. Let͏ us help you maintain transpa͏rency,͏ ac͏countability, and ef͏fecti͏ve ͏g͏ove͏rnance within your community.

Request A Management Proposal

FAQs

What is ͏th͏e DBPR? The DBPR is the Florida Department of Bu͏siness and Professional Regulation,͏ responsible for overseeing and regulating various businesses and professions within the state, including condominium assoc͏i͏ations.
What does the Divis͏ion of͏ Florida Condo͏miniums, Times͏hares, and Mobile Hom͏es do? This division within the DBPR specifically addresses issues related ͏to condomi͏niums, timesh͏ares, and mobile homes, ͏e͏nsuring compliance with state laws and providing resources and training for effective management.
What is the Florida Condominium Act? The Florida Condominium Act, or Chapter 718 of the Florida Statutes, provides guidelines on form͏ing, ͏ma͏naging, and op͏erating͏ condominium associations in Florida.
How does the DBPR enforce compliance? The DBPR enforces co͏mpliance through ins͏pections, investigating complaints, and ͏imposing fines or other penalties. I͏t also offers mediation and arbitrat͏ion services f͏or di͏spute r͏esoluti͏on.
What are the financial transparency requirements for condominium associations? Associations must maintain proper financial records, including budgets, expenses͏, and reserves. They are required to prepare financial statements, ensuring transp͏arency and accoun͏tability.
What is required to become a licensed Community Association Manager (CAM)? Prospective CAM͏s must ͏complete an approved pre-lice͏nsure education course, ͏pass a ͏state exam, undergo a b͏ackg͏round check, and participate in continuing education to stay updated on la͏ws and best practices.

Learn more about our services on our What We Do page and explore our extensive resources for further guidance.

What Is A Condominium Association

Tue, 14 May 2024 22:54:50 GMT

What is a Condominium Association?

Condo associations serve as the backbone of condominium communities because they provide governance, management, and community-building services. They give unit owners a say in shaping the community's future, fostering a sense of community, and offering abundant opportunities for socializing among residents. This not only creates a vibrant living environment but also enhances the overall quality of life in the community. They also provide security and peace of mind by ensuring well-maintained properties and enforcing community rules.

The Purpose of a Condominium Association

Condo associations manage and maintain the overall functioning of condominium complexes. They act as governing bodies to oversee various aspects of the community life to ensure operations run smoothly, maintaining the operation of shared spaces and focusing on the well-being of residents.

1) Ensure property maintenance and repairs. Condominium associations play a crucial role in overseeing the upkeep of common areas such as lobbies, elevators, hallways, and landscaping. They also arrange routine maintenance activities like cleaning, painting, and repairs to keep all community areas in good condition. This diligent maintenance not only ensures a pleasant living environment but also provides residents with a sense of security and well-being.

When significant repairs or renovations are required—such as roof repairs, plumbing work, or repaving parking lots—the condo association is responsible for organizing and overseeing these projects in consultation with professional contractors. These steps help guarantee that the property remains safe and well-maintained for all residents.

2) Manage finances. Condo associations regularly collect maintenance fees or assessments from unit owners to pay for common areas' maintenance, repair, and operation. These fees cover expenses such as utilities, insurance, landscaping, and reserve funds, ensuring the community's financial stability. Condo associations also create and manage budgets to allocate funds for anticipated repairs, ongoing expenses, and future improvements.

3) Enforce rules and regulations. Condo associations establish and enforce rules and regulations to maintain structure and establish a safe living environment within the community. They often have guidelines for exterior modifications that contribute to the overall appeal of the complex. Associations also establish noise levels, quiet hours, and pet ownership rules to promote peaceful coexistence among residents and maintain a comfortable living environment. This strict enforcement ensures that all residents are respected and their rights are protected.

4) Dispute resolution and communication. Condo associations act as the mediators and facilitators between residents and boards to help resolve conflicts and maintain open communication. They provide a framework for resolving disputes between residents and may even offer mediation services or enforce penalties for non-compliance with rules.

Associations also foster community by organizing social events, creating newsletters or websites to share information, and encouraging residents to participate in community initiatives to help build connections among residents.

Legal Frameworks and Governing Documents

Homeowners association bylaws dictate how an HOA should run. Since HOAs are considered corporations under law or non-profits, they require bylaws to govern day-to-day operations. Neighborhood association bylaws or subdivision bylaws are other names for bylaws. It's important to note that while a Condominium Association and a Homeowners Association share similarities, they are not the same. A Condominium Association typically manages a complex of individually owned units, while a Homeowners Association manages a community of single-family homes.

Homeowners association bylaws are generally legally binding and enforceable. Typical provisions found in homeowner association bylaws include:

Board nomination and election procedures
Board member duties and responsibilities
Duration of board member service
Frequency of board meetings and elections
Meeting and quorum requirements
Membership voting rights
Number of board members that can serve at a given time

Florida Condominium Association Laws

The fundamental goal of an HOA is to maintain and improve the community's quality of life and property values. The Florida Homeowners Association Act, found in Title 40 Chapter 720 of the state statutes, governs HOAs in Florida. It applies to all organizations in charge of communal areas, and members include parcel owners or their representatives. In Florida, HOAs must have a board of directors overseeing the organization's operations. The board of directors is typically elected by the residents and has a fiduciary responsibility to act in the community's best interests, making decisions on behalf of the association and enforcing its rules and regulations.

In Florida, the documentation and rules that govern an HOA are not readily available to the general public. Only association members can access these documents and must do so upon request. The association must also publish these documents in the county's official records to be legally enforceable. As a member of a Condominium Association, you have the right to access these documents, which can include the association's bylaws, rules and regulations, financial statements, and meeting minutes. This access allows boards to stay informed about the association's operations and decisions, and to understand your rights and responsibilities as a member.

According to Florida statutes, homeowners' associations can:

1. Enforce governing documents. Homeowners' associations in Florida can legally enforce the rules and regulations established in their governing documents, covering various issues, such as parcel maintenance and upkeep, architectural guidelines, landscaping standards, and pet policies.

2. Collect assessments. HOAs in Florida can collect regular assessments and fees from residents to cover everyday expenses and operational costs. Non-payment can result in penalties and legal action.

3. Maintain and repair common spaces. Associations in Florida have the right to access and conduct maintenance in common areas, amenities, and infrastructure within the community, such as landscaping, swimming pools, roads, and security features.

4. Control architecture. Many HOAs in Florida have an architectural review committee that approves or denies homeowners' requests for architectural changes to their properties, ensuring that they align with community standards.

5. Impose liens. In the case of non-payment of assessments or violations of the governing documents, HOAs in Florida can place liens on properties, leading to legal actions, including foreclosure.

6. Conduct board meetings. Associations in Florida must hold regular meetings, including annual gatherings, where homeowners can discuss community matters and vote on important issues.

7. Manage finances. HOAs in Florida can create budgets, maintain financial records, allocate funds for community expenses, and reserve funds for future maintenance and improvements.

8. Amend governing documents. HOAs in Florida may have the authority to amend their governing documents.

9. Mediate and resolve disputes. Some homeowners' associations offer dispute resolution mechanisms to address conflicts among homeowners or between homeowners and the association.

Common Issues and Disputes in Florida Condominium Associations

For many Florida residents, moving into a condominium is a great option. However, a few scenarios are more likely than others to lead to disputes between Florida condominium owners and the association where they live. These disputes can range from disagreements over repair responsibilities to conflicts regarding the use of amenities. Below are three of the most common sources of conflict between condominium residents and boards, along with examples of each.

1) Repair Disagreements

While the Florida condominium owner is responsible for repairs within the unit, the association is typically responsible for repairs, shared spaces, and the building that houses the units. Some kinds of property damage could lead to disagreements about who is responsible for repair fees, which sometimes leads to litigation.

2) Amenities Conflicts

Conflicts sometimes arise around community members' use of amenities or public spaces in the HOA community. Disagreements on when and how residents can use communal spaces and shared features can qickly turn into turmoil among residents.

3) Frustrating Neighbors

Condos usually have specific rules concerning the appearance of individual units and the conduct of the people living there. If a neighbor throws wild parties, causes unjustified odors, or makes their unit an eyesore, neighbors may want to take action. Conflict may arise if the board fails to act or because the actions seem too punitive to those accused of violating community standards. These disputes can be frustrating and affect how comfortable people live in their homes.

Seeking legal counsel when figuring out a condo board-related property dispute may help achieve the best possible outcome.

Condominium Associations Cover Regular Maintenance Costs

The following is a breakdown of everyday expenses typically covered by a condominium association:

1. Maintenance and Repairs : This includes cleaning, landscaping, snow removal, and repairs to the roof, elevators, and other shared amenities.

2. Utilities : These can include water, sewer, trash, gas, and electricity—some associations bill owners separately for utilities.

3. Insurance : This includes liability, property, and flood insurance. Individual owners must cover their personal belongings, but the association's insurance policy will protect the building and shared amenities.

4. Reserve Funds : Condo associations may set aside a portion of the monthly fees for reserve funds. These funds generally cover unexpected expenses, like repairs or replacements to the building's infrastructure. A reserve fund can help ensure the association has the necessary funds to cover these expenses.

5. Amenities : Condo fees may cover the cost of shared amenities, such as a pool, fitness center, or clubhouse. These amenities can be a selling point for many condos. Still, it's essential to justify the cost of the amenities based on their usage.

Assessments and Special Assessments

When comparing different condo associations, it's essential to consider what the fees cover. While a lower monthly payment may seem appealing, only some necessary expenses, such as utilities or reserve funds, are included. Remember, a higher fee may consist of more amenities or a larger reserve fund, which could be beneficial in the long run.

Special assessments are fees charged to condo owners in addition to their regular monthly maintenance or association fees. An association collects special assessments for specific projects or unforeseen expenses not accounted for in the annual budget. The board of directors or the condo association typically determines the need for a special assessment in a condo building. They will estimate the project's cost or expense and divide it among the unit owners. The association's governing documents may base the assessments on unit size, ownership percentage, or other predetermined methods.

Understanding what condo fees cover is an essential aspect of condominium ownership. Reviewing the association's bylaws and asking questions lets you see where the money goes each month to ensure you get the most value.

How to Look Up a Condominium Association in Florida

You might ask yourself, "How do I look up a condominium association in Florida"? Association Online specializes in researching homeowner's associations in all fifty states. All you do is provide your property address, and their research team can locate HOAs and provide current and correct HOA information quickly. AO locates all community associations related to a given property or confirms no HOA exists.

A Comprehensive Guide to Understanding Condos offers an in-depth look at the usefulness and benefits of condominium living. The guide explains that owning a condo involves private ownership of living spaces and co-ownership of common areas, making it an appealing option for those seeking a community-oriented lifestyle with built-in amenities and less personal maintenance. Additionally, the guide covers the financial aspects of buying a condo, including fees and the role of the condo association, to ensure potential buyers are well-informed about the intricacies of condo ownership.

Is a Condominium Association Similar to an HOA?

You may wonder if a condominium association is similar to a homeowner association. The most significant difference between a condo and a homeowners' association is what the individual members own.

In a Florida condominium association, everyone owns a unit and shares a stake in the common areas. As a condo owner, you're not just a resident of the building but a co-owner of its lobby, which is the essence of a condominium association, where all condo owners are part of a community and share ownership of the association's assets.

The scope of ownership is different from that of homeowners' associations. With an HOA, each member owns their individual property and lot. However, common areas are owned by the HOA—meaning there is no joint ownership. The HOA may be a wholly independent entity or the community developer may own it.

Benefits of Living in a Condominium Association

A striking appeal to condo living is in its shared facilities like pools, gyms, and party rooms because homeowners may need more money to afford these luxuries because of costs or logistics. Another aspect is that within the local area, part of condo life is a significant draw for individuals who appreciate mingling and interfacing with neighbors. A built-in network of cohabitants provides a great sense of community. Plus, the beauty of owning a condo is the lower maintenance burden. Typically, the condo association handles the upkeep of the building's exterior and common areas, allowing you to enjoy your home without the hassle of time-consuming repairs. We are here to make sense of the upsides of condominium proprietorship and assist you with picking the choice that best suits your way of life.

Challenges of Condominium Association Living

The desire for condominium-style living arrangements is in high demand. Many condo associations in Florida might face various challenges, and finding ways to address such issues may be critical to creating effective solutions.

One general concern many condo associations might face is maintaining condo property values. While these values may change at times, issues such as maintenance and upkeep costs could also prompt various challenges. Practical strategies to maintain proper maintenance standards and manage financial obligations could be vital to avoiding off undesirable results.

Condo associations may also need help developing thorough regulations for using common areas. Knowing the right topics to address and how to set clear terms for similar amenities could prove vital when providing a healthy space for residents and favoring the interests of all parties involved. Condo boards may also face specific challenges when addressing budgets and annual fees, as community members may not receive well the possibility of an increase in fees might not always be well received by community members.

Why Choose a Condominium Association?

Condo associations play a critical role in organizing and supporting condominium maintenance and community aspects. They act as the governing bodies that manage most of the elements of community life, ensuring the sustainable operation of shared spaces and the well-being of residents.

Garage Sales in Your HOA Community

Wed, 24 Apr 2024 12:40:43 GMT

Springtime is one of the best times for a fresh start. You can purge your home of all the needless "stuff" that seems to take up space. It’s also a great way to earn extra cash by selling unused stuff at a garage sale. However, what if your HOA has rules about garage sales? This article details what you need to know before you begin.

What are the Rules for Garage Sales in HOAs?

First, check with your board and HOA governing documents to see if garage sales are permitted individually. Some communities have straightforward rules about whether garage sales are allowed or not within community boundaries.

While personal garage sales may not be allowed in some communities, community-wide garage sales that occur once or twice a year might be.

If your CC&Rs allow for personal garage sales, ensure they still comply with city regulations pertaining to sales tax in your area. If any of the following apply to your garage sale, by law, you need to obtain a business tax registration certificate (a business license):

The sale includes merchandise for the sole purpose of selling for profit
You hold more than five sale events per calendar year.
Each sale spans more than two consecutive days.

Should Your HOA Allow Garage Sales?

If you are a member of your HOA board, the issue of garage sales has come up at some point during your meetings. Some communities have CC&Rs allowing garage sales, but board members may think they are terrible and want to banish them. On the other hand, some communities may not allow garage sales according to CC&Rs, but residents are pushing to reinstate them. So, what's the best solution?

Typically, the biggest concern about garage sales with board members is that they will negatively impact property values. Since the board's primary responsibility is maintaining property values in the community, they likely have a good reason for their opinion. However, it's important to note that garage sales are typically short-lived events and generally don't permanently affect the community. Some may argue that they've become an American tradition that serves a purpose.

Alternatives Rules for HOA Garage Sales

Before your board decides to banish garage sales altogether, you may want to consider other alternatives while still allowing homeowners to participate in them, just with particular oversight, such as:

Outlining specific days of the week or times when a sale will be
The number of sales permitted per resident each year
Requiring operators to register or pay a fee

Curious what your HOA should do about garage sales? Contact us today!

Garage Sales to Foster HOA Community

Another compromise is to hold a community-wide garage sale event rather than allowing personal garage sales. These events enable homeowners to get involved but limit them to one or two weekends per year, which helps manage traffic through the neighborhood and maintain the overall appearance. As a bonus, they help foster a sense of community among neighbors, too.

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9 Common Legal Actions Against HOAs and What to Do

Wed, 10 Apr 2024 23:43:03 GMT

As with any other organization, homeowners associations are vulnerable to legal action. More often than not, the community members challenge the association. HOAs must familiarize themselves with the most common homeowners association lawsuits to better prepare for any possibilities.

Most HOAs have faced some form of legal action from homeowners or vendors. While some lawsuits are frivolous, others are serious.

Here are the most common homeowner association lawsuits:

1. Misuse of Funds

Homeowners associations handle money used to pay for the community's various expenses. But, where there is money, there is always a risk of theft and fraud.

Sometimes, board members misuse the association's funds. They use HOA money to pay for personal expenses or to pay for expensive dinners exclusively for the board. While the latter isn't technically stealing, it is still considered a misuse of funds since it is not used in the community's best interest.

When this happens, homeowners can sue the HOA or board for breach of fiduciary duty or the law. In more severe cases, the matter can even escalate to HOA litigation.

2. Architectural Request Denials

Another typical HOA lawsuit concerns architectural requests. Generally, homeowners who want to make architectural changes to their homes have to apply to the HOA. The change will be denied if it does not coincide with the association's architectural standards. Disgruntled homeowners who receive such a denial may take legal action to challenge the board's decision.

There are times, however, when the board's decision to deny a change is unfounded. The homeowner's architectural plans may align with the guidelines, and the board rejected the application for personal reasons; therefore, the homeowner can sue the board for not following the association's regulations.

3. Board Action Disagreement

Boards make all sorts of decisions, but not everyone agrees with them. Suing HOA board members out of disagreement is not uncommon. Many homeowners deal with their dislike of the board's findings in this manner. They feel that suing the HOA will stop the dispute. More often than not, such polarizing decisions involve expenditures that homeowners have to pay.

4. Discrimination

Discrimination suits are prevalent in the United States, and homeowners associations are no exception. A disabled person or disabled homeowner may sue the HOA under the Fair Housing Act or the Americans With Disabilities Act, which usually happens when the association fails to make reasonable accommodations for the person.

5. Failure to Comply with a Request

Homeowners sometimes request to see or inspect certain association records, but they can't grant the requests. Some take legal action to force the board to comply when that happens.

As with other lawsuits on this list, homeowners are only sometimes right. In some cases, homeowners will request to inspect sensitive or confidential records, such as a list of delinquent homeowners. In such a scenario, the board's decision to deny the request is reasonable.

6. Failure to Maintain Common Elements

Homeowners associations are responsible for common area maintenance and repairs. Failing to fulfill this responsibility can be grounds for legal action. Homeowners will complain and even sue the HOA when an association fails to maintain or repair a common element or area. The same applies even if a natural disaster causes damage. Insurance may cover some of the expenses, but it is up to the HOA to have contingency funds precisely for such an event.

7. Personal Injury

People have also sued homeowners associations for personal injury, otherwise known as a slip-and-fall lawsuit. Suing an HOA for negligence is one of the more common lawsuits an association can encounter. Based on the neglect theory, the HOA was negligent in its maintenance and caused the person to injure themselves. For example, if the HOA failed to repair the damages to a flight of stairs and someone trips over it, it could be liable for that person's injury.

8. Pet Disputes

When discussing homeowners association lawsuits, pets don't usually come to mind. But surprisingly, homeowners have sued HOAs over pet disputes. This generally happens when a homeowner disagrees with an HOA's rules concerning pets. They sue to change the rules or force the HOA to allow them to be an exception. For instance, a homeowner may want to keep more than three pets even though the HOA has a three-pet limit.

9. Violations

When homeowners violate the community's rules, the HOA may assess a fine against them. While some homeowners settle the fine, others will challenge the violation and sue HOA board members.

When an HOA Loses a Lawsuit

Homeowners associations can lose lawsuits. If an HOA fails a case in a lower court, it can usually file an appeal in a higher court.

Losing a lawsuit has many adverse effects on the association. For one, the association has to give the homeowner what they want. Another downside is that the HOA has to pay all legal fees and may have to cover the cost of the homeowner's legal fees.

The financial burden will be lighter if the HOA has the appropriate insurance coverage. If not, the HOA will have to pay for the costs using its funds, which technically come from the homeowners. The HOA must levy special assessments or increase regular dues to compensate for these funds. Therefore, even though the homeowner wins the lawsuit against the HOA, everyone else has to suffer the financial consequences.

Seeking Legal Counsel

Homeowners association lawsuits happen frequently. Sometimes, the HOA is wrong, and the homeowner has grounds to sue. Other times, the HOA is doing its job, and the homeowner has decided to file a lawsuit to get what they want. Association boards should be prepared for any circumstance.

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Have questions? Contact Condominium Associates today!

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Coming in 2026: Term Limits for Condo Directors

Wed, 03 Apr 2024 23:29:48 GMT

The Florida legislature rolled out member term limits for condominium association directors in January 2024. This article highlights those changes coming in 2026. However, long-term directors of homeowners association communities should be reassured since the legislature only added term limits to the condominium statutes, not those governing HOAs.

History of Term Limits in Condo Associations

In 2017, the legislature enacted board member term limits to Florida laws governing condominium associations, imposing a maximum of four consecutive two-year terms. The legislature also gave a reprieve for "termed out" directors who received votes from more than 2/3 of the association's voting interests and for associations with inadequate candidates to fill the vacancy.

More Changes to Board Term Limits

Associations without two-year board terms were unsure how to apply the limits, and there needed to be more clarity about the limits and board service before the new law's effective date. As a result, state lawmakers made further changes to the law in 2018. Those amendments clarified two critical terms:

A board member may serve up to eight consecutive years unless the director received votes from at least 2/3 of all votes cast in the election.
A board member may serve in cases where there were not enough eligible candidates to fill the vacancies.

However, questions remained over when to start calculating the eight-year term limit.

Condominium Statutes Today

In 2021, additional changes clarified that only board service occurring on or after July 1, 2018, would apply to calculating a board member's term limit, meaning that the first term-limited directors will be those who have served eight consecutive years in mid-2026.

Some condominium association bylaws may already contain term limits. They typically include language incorporating and adopting all changes to Florida's laws governing condominiums in perpetuity, so they must comply with the term limits law.

Next Steps for Condo Associations

If it takes time to attract and maintain enough qualified candidates to fill board member seats, the law's concessions enable longstanding directors to continue serving.

The term limits will first apply to long-term directors in 2026. Directors with questions and concerns should consult with qualified association legal counsel. Regardless, the statute's explicit language should leave little room for doubts and uncertainties.

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What You Need to Know: New Homeowners Association Statutes About Flags and Backyard Storage

Fri, 27 Oct 2023 02:23:02 GMT

While there has been a lot of buzz about changes made in the 2023 Florida Legislative Session to laws affecting Associations , we need to address one potentially significant change: the seemingly innocuous flag bill – House Bill (HB) 437 — creates the new Florida Statute 720.3045 prohibiting homeowners' associations from regulating particular backyard storage.

As initially proposed, HB 437 increased the number and types of flags a homeowner could fly within a Homeowners Association. It raised the list of holidays during which a condominium owner could fly a second flag. In early April, HB 437 was amended to create a new Florida Statute 720.3045 statute that allows for displays beyond flags, including storage of "any items" not visible from the parcel's frontage or an adjacent parcel. The final bill signed by the Governor included this new storage statute.

HB 437 Revises Several Statutes And Creates a New Storage Statute

Florida Statute 718.113 was amended to add Patriot Day to the list of holidays for which a condominium unit owner may fly an additional portable removable flag. Patriot Day is September 11th.

Florida Statute 720.304 was amended to allow the flying of two flags, regardless of any provision in the association governing documents to the contrary, and to expand the list of flags permitted by statute. Also included on the list are various first responder flags a homeowner may fly, including the thin-blue-line flag, but this expanded list of flags does not apply to condominiums. Florida Statute 720.3075 was amended to increase the number of flags a homeowners' association cannot prohibit from one to two.

Of particular importance to homeowners' associations, Florida Statute 720.3045 was created to prevent an association from regulating the installation, display, and storage of "any items" not visible from a parcel's frontage, from an adjacent parcel, or prohibited by local ordinance. The new section allows a homeowner or their tenant to store "any items," including, but not limited to, boats, RVs, and artificial turf, so long as such items are not visible from the frontage of the parcel or visible from an adjacent parcel, or prohibited by local ordinance.

The term "parcel" is defined in Florida Statute 720.301(11) to include a subdivision of real property within a community, capable of separate conveyance, as described in a declaration, for which a parcel owner must be a member of an Association and pay assessments which could result in a lien. Because FS 720.3045 uses this already-defined term to delineate where storage cannot be visible — and a parcel is not a drainage pond, a navigable waterway, a roadway, common greenspace, and usually not a golf course—an association is prohibited from regulating backyard storage only visible over a drainage pond, across a waterway, from a golf course or a community park. Because only stored items visible from the frontage of a parcel or an "adjacent parcel" may be objected to by the association under this new statute, we expect significant complaints about stored items that are visible:

From a roadway abutting a corner lot
Across a drainage pond
From a community park
From a golf course
From a navigable waterway
From a multi-story home not directly contiguous to the parcel storing items

Does the new Florida Statute 720.3045 Apply to Your Declaration?

The new storage statute purports to apply to homeowners' associations regardless of the restrictions within their covenants or other governing documents. But does it?

Most laws are prospective, so they apply from the date they become effective. The Constitution of the State of Florida, Article I, Section 10 prohibits the enactment of any law impairing the obligation of contracts, such that some Associations may be able to avoid the harm of this new storage statute. However, if your governing documents contain language incorporating the Florida Statutes as they become amended into the entirety of your Declaration, your Declaration now allows backyard storage.

Article 1, Section 10 of Florida's Constitution prohibits a substantive law from impairing a previously existing obligation of contract. Over time, Florida's constitutional protections for the right to contract have led to a body of case law explaining how and when a new statute can be imposed to change rights and obligations contained within a previously recorded declaration.

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Need help with your association? Condominium Associates is here to provide services to South Florida HOA and condominium residents. Give us a call today!

Electronic Voting: Can an HOA Board Vote By Email?

Tue, 24 Oct 2023 22:05:20 GMT

Does your community have the option to participate in electronic voting? Can an HOA board vote by email? As more states and provinces adopt new statutes, board members are considering making this possibility a reality for their associations. If permitted where you reside – could digital ballots be the answer for easy and convenient election participation by homeowners?

Voting rules, bylaws, and logistics are the main factors that make e-voting a complex topic. As a result, many boards need more time to be ready to introduce it to their association.

Can an HOA Board Vote by Email?

An HOA's board of directors is generally prohibited from conducting a board meeting "via a series of electronic transmissions, including but not limited to electronic mail." ( Civ. Code § 4910(b ).) Recent legislation across multiple states has taken it further to prohibit board members from taking any action via email. In Florida, HOA board members cannot vote on an association matter via email, as stated in Florida Statute 723.078(3) .

However, while voting via email is prohibited, that doesn't mean there is no opportunity for electronic voting. New voting software offers communities new avenues to securely collect and record board member and community member votes to facilitate quorum and meeting requirements.

Why Would A Community Association Want to Allow E-voting?

One of the primary benefits of e-voting is that it increases the likelihood that homeowners will vote. Another advantage is tabulating electronic ballots is quicker and more accurate than paper ballots. Electronic voting systems also have safeguards to ensure voter confidentiality and prevent election tampering. In states or provinces that allow homeowners to forego paper ballots, e-voting can lower an association's costs by reducing its use of paper, postage, and other mailing supplies.

What's the Downside of E-voting?

Owners who vote electronically without attending meetings may need to be more familiar with the issues or candidates on the ballot. To help address this concern, have board candidates provide write-ups about themselves and email them to homeowners. For votes on specific items, the board can send out background information that explains why it's up for a vote.

E-voting can be a great tool to ensure that no one votes twice. However, allowing someone to vote electronically or manually must be foolproof. To provide the most secure and accurate election results on voting night, Diestel recommends proactively establishing a process for both electronic and manual ballots, ensuring everyone hears their voice.

What Happens if Your HOA Decides to Allow E-voting

After discussing the implications with your legal counsel, carefully evaluating the pros and cons, and inviting feedback from homeowners, your board is ready to bring e-voting to your association. What's next? Although the laws regarding community associations and e-voting vary, there are some general guidelines your board should follow if you are considering e-voting in your community:

Check Your Governing DocumentsEnsure that your organization is up to date with its bylaws; confirm whether electronic voting is permissible and if any restrictions apply.

Craft A Resolution

Ensure your association complies with state/provincial statutes and bylaws - craft a comprehensive resolution alongside your association's legal counsel. Your tailored solution should address procedures for e-voting, how homeowners may opt in or out of these processes, and any other essential topics to ensure compliance.

Send Out Notices To Homeowners

When considering a new policy or procedure, it is crucial to notify all homeowners of the board meeting. Be sure to follow any legal requirements. Florida requires that notices be sent 14 days before the meeting.

Adopt The Resolution

Assuming you obtain the requisite number of favorable votes at your board meeting, your board may now have the authority to implement electronic voting in your community. However, your governing documents or the statutes in your state or province may require that you put the resolution up for a vote of the homeowners.

Evaluate Different Online Voting Systems

Once e-voting has been approved by the board of directors and most homeowners (if applicable), you may search for an online voting system for your community. Ensure you select one that adheres to all legal requirements in your area, meets your association's needs, and offers ease of use for your community's voters. A good property management company will understand the needs of your community and be able to help guide your board toward the options that are the best fit.

Active involvement by homeowners is crucial to the success of a community, and e-voting is one way to make it easier for owners to get involved. Nevertheless, e-voting may only be suitable for some associations. Be sure to conduct your due diligence and consult your association counsel before making any decisions.

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Contact our team today for more information on how the Condominium Association can support your community with electronic voting.

Creating Your Condo Board Meeting Agenda

Sun, 10 Sep 2023 18:47:36 GMT

Meetings can be productive, efficient, and empowering. They can also be overly long, meandering, and frustrating. The difference often comes down to organization. Having a clear agenda and sticking to it can ensure that any meeting feels relatively on-point. That's particularly true for condo Board meetings.

If you've never made a formal meeting agenda, you may have questions about what it should include. Condominium Associates is happy to provide a brief outline.

What Should Your Meeting Agenda Include?

At the top of your agenda, you'll include basic details such as meeting date, time, and place. Beyond that, several standard items can help ensure a smooth, focused, and productive meeting of your condo Board. Remember that your governing documents will provide more insight into the rules and requirements for your agenda, as the agenda does matter for ensuring efficiency and order during association business.

1. Call to Order

The first agenda item is usually the call to order, which involves the moderator commencing the meeting. You should always call the meeting to order at the scheduled start time, setting a precedent for punctuality and efficiency.

2. Roll Call

You don't necessarily have to have a roll call at every meeting. Still, it can be good to introduce the Board members to any unit owners who are present and, likewise, to welcome unit owners or other special guests to the meeting. A roll call can also be an excellent way to break the ice before the business portion of the meeting truly begins, providing it with value beyond just taking attendance.

3. Open Forum

One option in your agenda is an open forum, allowing members or owners to speak up about any pressing questions or concerns. Limit the time allotted for the open forum, ensuring that this portion of the meeting does not derail the entire agenda. If you don't have to have an open forum, you may decide to dispense with it altogether. Note that, in many states, it is against the law to take voting action on any open forum items, so this part of the meeting may be more informational.

4. Approval of Meeting Minutes

Next, allow just a few minutes for everyone to review a copy of the previous meeting's HOA and condo meeting minutes . These minutes are usually kept and provided by the secretary or someone else the secretary appoints. A simple yay-or-nay vote is required to approve the previous meeting's minutes. Remember that the point here is to ensure that the minutes accurately reflect what happened at the last meeting, not to re-litigate every issue or decision.

5. Committee Reports

Following the approval of minutes, schedule some time for your regular committees to give their reports. You may include statements from a condo association management representative, providing financial updates, architectural filings, etc.

6. Old Business

After these reports, schedule time on the agenda to follow up on any old or unfinished business from a previous meeting, which is an excellent time to follow up about issues that required additional thought, research, or fact-finding or simply topics that you had insufficient time to discuss in the past.

7. New Business

From there, you will move on to new business. This meeting section requires any new items submitted to the Board for discussion, a vote, or action. Doing this provides an excellent chance for a more formal, planned discussion about items brought up during a previous open forum.

8. Adjournment

Finally, you'll adjourn the meeting. Before doing so, please provide a notice of meetings scheduled for the next month, including any special meetings you have planned.

What About Executive Sessions?

Now and then, your condo Board may need to schedule an executive session , which may occur before or after the meeting or at an entirely separate time. Executive sessions are different from the regular agenda.

These sessions happen behind closed doors and usually involve a smaller group (e.g., just Board members). These meetings are confidential and may be used to discuss sensitive legal or personnel issues and issues related to unit owners who are delinquent with their payments . You can find more information about when and how to call executive sessions in your bylaws or other governing documents.

Condo Association Meeting Agenda Template

The Differences Between CC&Rs, Bylaws, and Rules & Regulations

Mon, 31 Jul 2023 18:09:59 GMT

Your homeowner's association has three governing documents: Covenants, Conditions & Restrictions (called "CC&Rs"), Rules & Regulations, and Bylaws. The function of the CC&Rs or the property management company's role in implementing them can be confusing. Therefore, it’s always best to work with your management company to develop guidelines that work best for your community.

What are Covenants, Conditions & Restrictions (CC&Rs)

Covenants, Conditions & Restrictions (CC&Rs) are legally binding documents officially recorded and filed with your state. Your CC&Rs cover the rights and obligations of the homeowners association to its members and vice versa. CC&Rs often cover legal issues, such as:

Property-use restrictions

Clearly defined maintenance obligations for the HOA and individual members

Mechanisms for rule enforcement and dispute resolution

Lender protection provisions

Assessment obligations

Insurance obligations

Because this record is kept on file with the state, it can be difficult to amend and requires a vote by the membership to make any changes.

Bylaws

If CC&Rs cover the "what" of the HOA, the bylaws cover the "how." Your community's bylaws establish the structure of day-to-day governance of your homeowner's association, which includes things like:

Frequency of HOA board elections

Process for nominating and electing new board members

Number of members that serve at one time

Length of board member service terms

Meeting frequency and quorum requirements

Duties and responsibilities of board members

Like CC&Rs, Bylaws are challenging to change, as they, too, require a vote by the membership to amend.

Rules & Regulations

Your community's Rules & Regulations are a catch-all for things not covered in the Bylaws or CC&Rs. These are often the rules that need revising over time due to changes in the community. For example, an HOA might have a rule that states that no children are allowed in the community pool before noon. This rule would not be a part of the community's CC&Rs because it might need to change seasonally or as more children move into the community.

An HOA board vote can change Rules & Regulations with review by the community members. Traditionally, the Board will adopt a rule and then send a notice to the community members, who will have 30 days to review it. After 30 days, the Board will review the comments and concerns of members, considering the members' feedback in the final decision.

Changing Restrictions

CC&Rs, Rules & Regulations, and Bylaws are usually determined when a developer incorporates the community. The developer will try to anticipate the type of community or commercial property space they are creating. Still, the needs of a community often are only apparent once residents move in.

Every rule, regulation, covenant, condition, and bylaw can be changed–simply a matter of which process is required to make the change. CC&R changes require re-filing with the state, so changes should be made sparingly and with the help of an experienced attorney. Meanwhile, Rules & Regulations are in effect at the community level and require a board vote with community member review.

The Role of Your Property Management Company

Your residential or commercial property management company is an agent of your homeowner's association corporation, whose primary role is to increase your property value and facilitate the enjoyment of your community. Your property management company has no say in developing your CC&Rs, Rules & Regulations, or Bylaws; they act to implement the guidelines set forth by your Board.

Your property management company will also provide advice and guidance as you develop your community's guidelines to ensure that you adhere to state and local laws. They should provide practical advice to ensure your Board makes decisions that best protect and enhance your community.

Your management company and property manager can show you the risks and rewards of changing your CC&Rs, Rules & Regulations, or Bylaws and provide a valuable framework to develop your community in a way that serves residents today and long into the future.

Condominium Associates provides the highest level of service to the communities and HOAs we manage. To have Condominium Associates manage your HOA, contact us today for a proposal .

What You Should Know about Filing 1099s for HOA Contractors

Fri, 03 Feb 2023 00:46:06 GMT

1099s for HOAs are often overlooked in the mad dash to wrap up the fiscal year, so make sure you have your 1099-MISC tax forms in view as you prep your contractor payments. Ideally, this procedure should be done by the end of the year, before April's tax season.

Understanding the Process for 1099s for HOA Contractors

Your HOA earns income from association dues and uses these funds to pay expenses and salaries. So, just like any regular business entity, your HOA must file taxes.

During this busy time of year, HOA boards and management company employees scramble to get next year's budgets in place. In a flurry of activity, HOA boards mail out billing statements and complete a long list of other tasks. Thus, it can be easy to overlook certain items, not at the top of the "end of year" list. One task that you will want to ensure you remember this time of year is providing HOA vendors with a 1099 form and filing these forms with the IRS.

That's why having an excellent HOA management company is a blessing during these times. In most cases, the management company can take care of most of the filing of the 1099s for you. They will likely be able to deal with the rest of the tax filing tasks.

However, it's still essential for an HOA board to at least be familiar with filing the 1099s. That goes for the rest of the tax forms your HOA needs to complete. So, your HOA board can help your managers with the tax filing process and speed up the job for everyone. Or if your board is doing the HOA taxes themselves, they can make sure they complete all the forms, and you remember everything.

Why File 1099s for HOA Contractors

Just like other businesses, an HOA takes in all sorts of income. It also pays out money in the form of expenses. Some sources of association income are taxable, and others are not. Income from renting facilities to outsiders, guest fees, easement leases, and bank account interests are all taxable. On the other hand, income from assessments, late fees, and rental fees to association members are usually not taxable.

And just like regular businesses, your HOA can also write off certain expenses from their tax bill. So, there's a potential to reduce the tax your association needs to pay. One way to document the costs is with Form 1099-MISC.

To write off the expense of hiring someone, the HOA needs to send out a Form 1099-MISC to that person. Then the HOA needs to file that correctly, and the association can offset the taxes they owe for that amount. Fewer taxes paid out mean more money retained by the HOA. It's just sound fiscal practice.

What a 1099-MISC Form Is

A 1099-MISC form is also called the miscellaneous income form. It's a federal tax form and also a variant of Form 1099. Just like its designation suggests, these documents report miscellaneous income. As the HOA, you send them out to the contractor or vendor you hired during the year.

You need to have them ready if your community association hires an independent contractor, either as a condominium or a homeowners association. However, you will only need it if your association paid the contractor over $600 during the year.

For payments over $600, the association must file a 1099-MISC form with the Internal Revenue Service. The association must provide the contractor with the form.

These independent contractors often include HOA attorneys and landscapers, among other vendors. Also, in addition to the $600 cutoff amount, the following must hold for your 1099-MISC filing to be valid.

The payments must be for services only. The form is not applicable if the HOA buys only goods from the contractor.

The contractor must not be an employee of the association.

The payments must be to an estate, an individual, a partnership, or (in some cases) a corporation. Corporations only fall under this rule if they provide services to the association rather than selling products.

The payments fall under non-employment compensation by the IRS when one meets the fees, which means the association needs to send a 1099-MISC to the contractor and file a copy with the IRS. If you are still determining whether your association needs to provide a 1099-MISC to a particular vendor, the safest bet is to ask the HOA's accountant.

What Is Needed to File a 1099-MISC Form

To file 1099-MISC forms for contractors, you will need their Tax ID or social security number. You will also need to have their name and business documented as well. The best way to do this is to have a copy of their IDs filed along with your copy of the 1099s. You will also need documentation to back up this filing. So, retain copies of your invoices, check stubs, and receipts for the payments.

When to File the 1099-MISC Form

The deadline to provide the form to contractors is January 31 , the year after rendered services. The deadline for filing 1099 with the IRS is:

March 31 if filing electronically (The IRS recommends E-filing for this)

February 28 if filing via paper forms

Staying on Top of Your HOA Contractors' 1099s

The end of the year is demanding for those in the association management industry. Be sure that your condo, HOA, or management company remembers to file 1099s for HOA contractors before the deadline. It may not be the first task on your mind, but skipping out on vendor 1099's could mean severe consequences for your community. Make sure you have proper documentation of everything about your contractors. Need help? Call Condominium Associates today!

How to Amend Your HOA Bylaws and Covenants

Fri, 30 Dec 2022 16:22:26 GMT

Governing homeowners associations include documents, including the bylaws and the CC&Rs. However, there will come a time when you will need to amend those documents. Continue reading to learn how to change HOA bylaws and CC&Rs.

HOA Bylaws and CC&Rs

A homeowners association's bylaws define how the community operates. It consists of various stipulations. These specifications include how many board members can serve at any given time, how often to hold board elections, meeting requirements, and the responsibilities of each board member .

On the other hand, the CC&Rs—short for Covenants, Conditions, and Restrictions—define the rights and obligations of an HOA toward its members and vice versa. It consists of provisions such as property-use restrictions, the enforcement of covenants, and dispute resolution. It also covers obligations relating to maintenance, dues, and insurance.

Typically, it's essential to establish these governing documents upon the development of the planned community. In addition, HOAs can change bylaws or covenants, though it often involves a lengthy process.

6 Steps to Amend HOA Bylaws and Covenants

Before proceeding with the process, HOA boards must first consider why they want to change the bylaws or CC&Rs. If there is no justifiable reason to do so and the board intends to alter the documents "just because," it is unwise to proceed. Remember that amending HOA covenants and bylaws is a time-consuming and often financially demanding process. After careful consideration, you can initiate the amendment process. This process may vary depending on state laws and your HOA's governing documents.

According to HOAManagement.com, here is how to change HOA covenants and bylaws:

1. Amendment Proposal

The first step consists of a proposal describing the changes to the bylaw or covenant. The board will receive this proposal and then submit it for review.

2. Discussion Meeting

The board will then discuss the proposed amendment at a board meeting. During this meeting, the board must allow homeowners to provide their input on the proposal. In some cases, the board may call a special session to confer.

3. Give it a Vote

After review, the entire membership will vote either for or against the amendment. Specific requirements may apply here, too. For instance, in California, HOAs must use secret ballots to vote for these changes. The process for changing HOA covenants will also need secret ballots. Some associations may need help with voter turnout. In that case, the HOA board may extend the voting period.

4. Count the Votes

The next step in the process of how to change HOA bylaws and covenants is counting the ballots. The tallying of the votes usually takes place during an open meeting. This way, vote counts are done in front of homeowners. Doing this ensures not only transparency but also gives members peace of mind.

5. Amendment Approval

Homeowners associations require a majority vote from the membership to approve the amendment. What counts as a majority will depend on your governing documents. Usually, though, HOAs need two-thirds or three-quarters of members to support the change.

6. Recording and Effectivity

After approval, record changes to the CC&Rs with the county recorder's office. Bylaws, on the other hand, don't need recording. Instead, give notice of bylaws when the membership enacts changes. But the board can still skip the message regarding covenant changes.

Changing HOA Bylaws and CC&Rs

Bylaws and covenants only stay relevant for a while. Specific societal and community changes might trigger the need to amend an association's governing documents. Shifts in state laws may also cause a difference in your bylaws and covenants to remain compliant.

Another reason to amend your bylaws or CC&Rs is due to overwhelming demand from homeowners. For example, suppose most of your members want to change quorum requirements for a meeting. In that case, your board should consider it. However, base your decisions on sound judgment and rational thinking. Don't just change your governing documents because you can.

Bylaws Updates

Unfortunately, there is no standard frequency for updating your bylaws and covenants. Generally, it is a good idea to review your governing documents every 3 to 5 years. During your review, check whether any provisions or stipulations need to be updated or are no longer in compliance with the law. Again, having your HOA attorney help you with this is best.

Expiring & Revitalizing Covenants

Believe it or not, HOA covenants do expire in some states. Covenants generally reach this point when they become over 30 years old. When covenants expire, you can no longer enforce them.

The subject of expiring covenants may agitate you because you must go through the entire amendment process to enforce them again. But, a process known as Covenant Revitalization makes it more accessible.

Through Covenant Revitalization, you can reinstate expired covenants and enforce them as if they never expired in the first place. To revitalize covenants, you will still need a majority vote from the membership. After that, you must seek approval from local or state governments.

How to Change HOA Rules and Regulations

HOA rules are another term for bylaws and CC & Rs. While many people use these terms interchangeably, there is a difference between them. An association's operating rules and regulations are additional rules not covered in the bylaws and CC&Rs. Usually, these rules are more specific and help homeowners comply with the covenants.

Like bylaws and CC&Rs, the HOA has the power to change its rules and regulations. The process, though, is a little different. It starts the same—with a proposal for the rule change and a meeting to discuss the proposal. The board must provide notice of the proposed change to all homeowners within a specific period . Boards also obtain input from homeowners, but there is no vote from the members.

HOA Board Change & Member Approval

Typically, the board does not need permission from the members to enact a rule or make a rule change. The only vote will come from the board members themselves. The law will pass if the board reaches a majority vote defined in the bylaws or CC&Rs. The board must then send a notice following the adoption of the new rule.

The process for changing condo rules and regulations remains essentially the same. It is best to check your governing documents and state laws to avoid potential liability.

How Homeowners Can Change the Rules

The easiest way to change laws in a community association is to run for a position on the board. Even though the board typically holds authority regarding rule changes, homeowners are still somewhat powerless. Homeowners who want to change their rules should review their governing documents; there are outlines on how to submit a proposal. Then, homeowners can draft a proposal and submit it to the board for review. If most homeowners feel the same way about an issue, it is good to include that in the proposal. There are plenty of benefits and reasons to serve on the HOA board .

Follow the Procedure to Avoid Liability

Every HOA board must know how to change HOA bylaws, covenants, rules, and regulations. Familiarizing yourself with the proper procedures will enable you to make and adopt amendments smoothly. Failing to do so will render any changes you make unenforceable. You may even find the association and your board in legal trouble.

Who Can Access HOA Documents?

Thu, 22 Dec 2022 21:47:16 GMT

Homeowners

Most states have laws that establish a homeowner's right to inspect HOA documents. Based on the hierarchy, these laws will precede any stipulation you may have in your governing documents. As such, homeowners can request copies of official records for whatever purpose. It may be because they are selling their property or concerned about how a specific covenant is implemented in the community.

However, there is usually a procedure for requesting HOA documents — which you'll also find in your governing documents. For instance, the association may require a written request from the homeowner. The governing documents may also include expected costs for reproducing HOA documents and a minimum number of days for the association to prepare the requested records.

Prospective Homeowners

For prospective homeowners, accessing HOA documents before buying is a must. You need to review these documents to see how the community operates and what life will be like when you join. For instance, rules and regulations may restrict your lifestyle, such as commercial vehicle restrictions, pet policies, parking rules, short-term rentals, and aesthetic standards.

Aside from the governing documents, it's crucial to inspect the financial documents of an HOA. What to look for when reviewing HOA documents? Are the HOA fees reasonable? Do they have enough funds and reserves? These official records help you foresee if there are fee increases or special assessments in the future. As such, ask the current owner how to request HOA financial statements apart from the standard governing documents.

In addition, homebuyers should also look into official records of the property they plan to buy. Is there a history of violations, unpaid assessments, and judgment liens? Whether or not these HOA documents will affect your buying decision, what's important is that you know about them before making a significant financial decision.

FAQs about HOA Documents

Here are the answers to some questions that you may have about HOA documents.

How Do I get HOA Documents?

If you are a homeowner, you can send a written request to your association for the specific HOA documents you want to inspect. However, there are other ways to obtain these records. You can access your homeowners' portal and online copies of the documents. You can also ask your neighbors if they already have a copy of the document that you need. Meanwhile, if you are a potential homebuyer, the current homeowner typically provides you with the HOA governing documents.

How do I find CC&Rs for a Property?

If other ways to get HOA documents are not possible, you can also search the public records at the county recorder's office. An HOA's CC&Rs is a legally-binding document, so they must be recorded with the county to become enforceable. HOA covenants that are not recorded with the county are not and should not be enforced within the association.

Are HOA Bylaws Public Record?

Unlike CC&Rs, HOA bylaws do not need to be recorded at the county recorder's office. However, an HOA may choose to include them in public records should they want to.

Who Pays for HOA Documents?

The person requesting HOA documents also shoulders the costs. These fees will usually cover printing, human resources, and other costs associated with preparing the documents. However, most governing documents will have a cap on how much the HOA can charge for HOA documents.

How Long Does it Take to Get HOA Documents?

It will depend on your HOA, so check your governing documents. Typically, upon receipt of the request for HOA documents, an association will have about ten business days to produce the requested copies.

The Importance of Homeowner Association Documents

HOA documents are essential for all homeowners associations, regardless of size. They define what HOAs can and can't do, how to do them, and when. Every organization needs a set of documents governing its operations. Without these documents, an association would fall into anarchy.

Consistency is essential when it comes to HOA documents. So, whether you're just beginning to draft your governing documents or considering amending them, make sure they're in line with the laws and provisions that precede them. This way, you will avoid conflict or, worse yet, legal trouble. Contact Condominium Associates for more assistance! We are here to help!

HOA Document Hierarchies: Which are the Most Important?

Sat, 17 Dec 2022 16:52:55 GMT

HOAs are governed by many rules and regulations — to a point where it may confuse board members and homeowners alike. To avoid a misunderstanding, familiarize yourself with the homeowners association documents and which HOA documents take precedence in your community.

The Hierarchy of HOA Documents

As an HOA board member, you are responsible for upholding and following the association's governing documents. However, people are imperfect, so the papers can also be flawed. Conflicts in provisions happen all the time. It's also possible that some board members may have different interpretations of the rules and regulations that govern the community.

Look at the hierarchy of HOA governing documents within your association. Some HOA documents take precedence over others. If you don't know which one supersedes the others, take a look at the list below:

1 Federal and State Laws and Statutes

The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether drafting your governing documents or deciding which one to follow, it's important always to check the law first. This way, you're not acting against the laws of the land.

So if your HOA CC&R documents have restrictions on sex and religion regarding potential homeowners, that would conflict with the Fair Housing Act . In this case, the related provisions in your CC&Rs violate federal law, which makes them unenforceable.

2 Recorded Map, Plan, or Plat

Next up on the HOA documents hierarchy is the map or plat that your association recorded with the county office, as it's the registered plan of your entire subdivision or community. This document establishes maintenance responsibility and property location and shows the exact dimensions of each unit, easements, and setback requirements.

Other items of note include:

Trash enclosures specifications
Restrictions on vehicular access
Accessible parking spaces and parking restrictions
Landscaping restrictions
Lighting requirements and prohibitions
Areas for future development
Lighting and other requirements/restrictions

3 CC&Rs

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) take the third spot on the HOA documents hierarchy. This document details the rights of homeowners and the responsibilities of the HOA board members.

Typically, the CC&Rs contain stipulations associated with assessment obligations, maintenance responsibilities, and enforcement authority, where you'll find specific procedures to handle various issues such as disputes and violations .

Others know the CC&Rs as the rules of the community. This document guides homeowners on what they can and can't do, particularly regarding property use and other aspects of HOA living. Before purchasing your home in an HOA community, you'll be informed of the CC&Rs and asked to agree. You may even need to sign something as proof of agreement.

When a homeowner violates a covenant, inevitable consequences take place. Most associations send out a notice of warning on the first offense. Fines and the suspension of privileges are typical courses of action for future violations. Failure to settle these fines can eventually lead to legal action.

4 Articles of Incoporation

The Articles of Incorporation include essential information such as the legal name of the HOA, its address, and the association's corporate status. Some articles also contain a few crucial functions of the HOA. This document, while necessary, doesn't consist of much. It's filed with the state upon the formation of the association.

Coming in fourth on the HOA documents hierarchy means the Articles of Incorporation supersede the HOA bylaws and the operating rules. However, they don't take seniority over the state laws or the CC&Rs. So, if something in your Articles of Incorporation conflicts with a provision in your CC&Rs, the latter takes precedence.

5 HOA Bylaws

Like a business, a board of directors oversees the workings of an HOA. The HOA bylaws contain essential information. The bylaws state how to operate the HOA, such as how often to conduct meetings, hold meetings, and have voting rights. This document also includes how many board members there should be and the functions of each board member.

As fifth on the list, the only document the HOA bylaws prevail over is the operating rules and regulations. So, if your bylaws clash with your Articles of Incorporation, you must follow the latter document. If you wish to see your HOA bylaws or any other governing document, you can request a copy from your HOA board or the county recorder's office.

6 Rules, Regulations, and Resolutions

Whereas the CC&Rs and bylaws determine the procedures and responsibilities of the HOA board, the rules and regulations focus on the day-to-day aspect of operations, which can include rules regarding clubhouse use, pets, and even architectural or landscaping specifications.

These rules can change from time to time, though the board must ensure that new regulations or amendments don't conflict with other governing documents. Moreover, having the association's attorney look over these policy changes is a good idea to ensure the board is acting within its scope.

On the other hand, if you're a homeowner who disagrees with one or some of the operating rules, you're somewhat powerless. Make sure to let the board know why you (or others) oppose the rule. You can also check your local laws or reference other governing documents to see what else you can do. After all, every state and association is different, so what may work for one HOA might not work for another.

Contact Us

Next week, we will discuss who can access these HOA documents. In the meantime, if you have any questions, please don't hesitate to contact your friendly HOA and COA management company in Florida, Condominium Associates .

Condo Rental Insurance and What it Covers

Wed, 02 Nov 2022 11:30:48 GMT

Navigating rentals in a condo association is already hard enough; adding insurance can be maddening. Yet, condo rental insurance is a significant asset every condo rental owner should get.

What Condo Rental Insurance Is

Condo rental insurance is a type of insurance that applies explicitly to condo units and the owners who rent them out. As with homeowners insurance, unit overs purchase their own condo insurance.

Insurance for condo units works differently than homeowners insurance because owners are not responsible for the structure itself. Instead, condo associations take out a master policy that includes coverage for the condo building. Then, individual unit owners will have to purchase their insurance policies to cover their personal belongings.

But, in the case of condo rentals, owners need to purchase landlord insurance that applies explicitly to condos, which usually comes in the form of a rider. If you already have condo insurance and plan to rent out your unit, talk to your insurance agent about adding condo rental insurance.

What Condo Rental Insurance Covers

The difference between condo and renters insurance mainly depends on the person they protect. Unit owners buy this insurance to protect themselves from liability if something happens to a tenant or another person while on the property. Apart from this, tenants will most likely need to purchase renters insurance.

Condo insurance protects the unit owner's personal belongings, while renters insurance protects the tenant's personal belongings. Private condo insurance covers the dwelling itself, whereas renters insurance does not. The condo association's master policy will come into play for the building or structure.

In the case of personal liability, renters insurance covers the cost of property damage and medical expenses for circumstances for they are found personally liable. Private condo insurance covers any legal fees related to someone getting injured while in the unit.

Because not all insurance policies are made equal, the exact coverage can differ from one provider to another. As such, you are asking your insurance agent what coverage your condo insurance offers is essential.

Can Condos be used for Airbnbs?

You could put up your condo for rent on Airbnb and other online rental platforms. But it all comes down to whether you are allowed to do so. For that, you need to check the laws in your area and your condo association's governing documents.

Governing Documents for Condo Associations

Several homeowners and condo associations have devised HOA Airbnb rules that restrict short-term rentals or outright ban them. Some require tenants to have a minimum stay of 30 days but prohibit anything less than that. Beyond state and local laws, condo unit owners must also refer to their association's governing documents.

You may be wondering whether your condo board even has the power to restrict rentals in your association. Unfortunately, most boards do. Remember that the board has a duty to the community and should make decisions for the community's best interests. If that means disallowing or regulating rentals in your association, then owners will have to comply.

How Associations Should Handle Short-Term Condo Rentals

Homeowners and condo associations should approach this topic with open ears and an unbiased stance. Board members must analyze the situation from all angles and consider every perspective.

When examining whether to allow short-term condo rental, ask the following questions:

How will short-term rentals affect the community at large?
What exposure to liabilities will the association deal with?
Are there any requirements or restrictions that are worth putting in place?
What will the association do about condo owners and renters who violate the rules?

If your condo association has yet to decide on the matter, boards should carefully consider its Airbnb condo bylaws. Condo boards must consult with their management company and attorney and solicit input from the unit owners before deciding. Setting up a rental policy is essential if your association chooses to allow rentals. This policy can differ from one association to another, primarily influenced by your community's unique factors and circumstances.

As for specific HOA rental rules, tenants should only use the unit for residential purposes. If they have a vehicle, they must comply with the association's parking restrictions and work out the details with their landlord. Any other rules that apply to residents — such as use of amenities, alcohol use in common areas, and noise hours — also apply to renters.

How to Deal with Rental Policy Breaches

The association should impose a penalty if unit owners violate the rental policy. The harm can come in the form of a monetary fine or, for more frequent offenders, revoking their ability to rent out their units. Start with a warning letter on the first offense to give the owner some consideration before applying more severe punishments.

When developing these policies, it is always best to consult an attorney or your HOA management company. That way, the association can protect itself from potential liability.

Condo Insurance is Necessary!

Renting out condos on short-term rental sites is common practice among many owners. It benefits both parties — unit owners get to earn extra money. At the same time, renters see it as a cheaper hotel alternative. But, as with any rental, there are perils involved. To protect yourself, your dwelling, and your tenant, condo rental insurance is necessary.

Finding the right management company for your condo association can be challenging. Condominium Associates is here to help you answer questions and make a plan! Contact us today!

When to Use an HOA Secret Ballot

Sun, 16 Oct 2022 18:32:35 GMT

A set of board members elected into office make up the Homeowners associations. When it comes to elections, members typically have a few options, one being an HOA secret ballot.

What is an HOA Secret Ballot?

When voting in HOA elections , members cast their votes by submitting a ballot. A secret ballot is simply a vote or ballot that does not have any identifier. That means details such as the voter's name, address, lot number, or contact information are left off the ballot. The entire point of using an HOA secret ballot is to maintain anonymity for the voter. Many homeowners associations also use them to vote for other things, such as amending governing documents and approving specific projects.

Benefits of Using a Secret Ballot in HOA Voting

Some might wonder why there is even a need to use secret ballots in an HOA community. If the results are all the same, why go the extra mile to protect the voter's identity? A couple of arguments support the use of secret ballots or anonymous votes.

Eliminates Pressure

Removing the voter's identity from the ballot can make them feel more at ease. By hiding their identity, voters can feel more comfortable voting for the person they want to vote for or the issue they feel more intensely. It also eliminates possible peer pressure as well as the use of tactics such as intimidation and threats.

Security

The HOA secret ballot method is more secure than the traditional one. When adequately executed, secret voting ensures a fair election. It can also help the association avoid claims of fraudulent or biased polls.

Are Secret Ballots Required?

There are two areas to look at when determining whether secret ballots are mandatory in your HOA.

First, you should refer to your state laws. In some states, the law requires associations to adopt secret voting methods regarding HOA elections. In others, certain conditions would trigger secret ballots.

The second place to look is your governing documents. Your bylaws and CC&Rs should be able to tell you when secret ballots must come into play. The papers should also contain the requirements and procedures for using secret ballots.

Sometimes, your state laws and governing documents will only say about secret ballots. If you wish to adopt secret ballot voting, it is best to amend your governing documents to include a provision allowing its use.

When is There a Need for HOA Secret Ballots?

Apart from state laws or your governing documents requiring it, there are other reasons to adopt secret ballots. Certain situations may call for it. Here are some examples where your HOA may need to use secret ballots.

Challenging Board Positions

Many communities need help recruiting owners to join the HOA board. As such, it is uncommon for an HOA to have more candidates than available seats on the board. When such a situation arises, secret ballots are usually the better option, so no person can claim that members felt obliged to vote for their neighbor rather than another candidate. Again, it circles back to eliminating pressure and making voters feel more comfortable about their choices.

When the Board Decides

Another situation is when the board decides that it is necessary to vote in secret. Following the governing documents, if the committee feels that a specific issue calls for secret ballots, it shall be used. A board might feel this way when voting on controversial topics, as the secrecy can give voters added confidence in their votes.

When Residents Request It

Usually, state laws or governing documents give residents the ability to demand secret ballots. While the specific requirements can vary, such a request must usually be made by 20% of the membership.

The HOA Secret Ballot Process

Traditional ballots are accessible — voters fill them out and either drop them off or mail them to the right place. With formal votes, there is no need to worry about hiding voters' identities. But, with secret ballots, the HOA must exert additional effort to ensure that voices remain anonymous.

Generally, the process of an HOA secret ballot involves the following steps:

The association mails the ballots to all members, along with two pre-addressed envelopes and instructions on how members can return the ballots. This step must take place ahead of time — usually at least 30 days before the deadline to submit votes.
Members fill out their ballots but leave identifiers such as names, addresses, lot numbers, and contact details blank.
Members place their properly filled-out votes in the first sealed envelope. They then insert this first envelope into the second one. The second envelope must indicate the voter's name, signature, and address in the upper left-hand corner. However, this information remains confidential upon the counting of the votes.
Members should then mail the envelope to a neutral third party. Alternatively, a committee of volunteers can receive the envelopes. If going with the latter, the committee must not include any current board members, candidates running for the board, or managers.
The neutral third party or committee of volunteers will then proceed with secret ballot tabulation.
The final step is to announce the vote results at the next meeting. When reporting the results, all identifiers must remain confidential as well. There must be no mention of names, addresses, lot numbers, or contact information, as doing otherwise would defeat the purpose of the HOA secret ballot method.

Contact Us

The HOA secret ballot can be a powerful and helpful tool in ensuring fair and free elections. Running an HOA community, especially a large one, can be challenging. Because certain complexities are involved, you must familiarize yourself with state laws and your community's provisions regarding secret ballots. If your HOA board needs help, contact Condominium Associates today!

Does Your Association Need HOA Worker's Comp Insurance?

Fri, 30 Sep 2022 17:14:11 GMT

What is HOA Worker's Comp Insurance?

Workers' compensation insurance, or workers' comp for short, provides wage replacement and medical benefits to employees who injure themselves while on the job. In exchange, employees waive their right to sue their employer for the tort of negligence.

Homeowners association workers' comp insurance is pretty much the same; only the employer in the scenario is the HOA. Some might think that HOAs don't need workers' comp because it doesn't employ workers. But, even an HOA with just a functioning board and a management company will need this form of insurance.

Why is HOA workers' comp insurance important?

For one thing, homeowners associations often work with vendors . These vendors employ workers who can get injured while performing a job. And although employed under the vendor, the injured workers can also sue the HOA for the injury, which usually happens if the vendor doesn't have appropriate worker's comp or allows their policy to lapse.

Another reason workers' comp is vital to an HOA is because it can cover volunteers. The common misconception is that workers' comp can only apply to paid workers. And while a majority of standard policies follow this format, workers' comp policies also cover unpaid or volunteer employees, including board members and committee members. To ensure the HOA's workers' comp policy covers volunteers, the insurance provider needs to work closely with the insurance provider.

Is Worker's Compensation Insurance for HOAs Mandatory?

In some states, workers' comp becomes mandatory when a business reaches a certain number of employees. In others, workers' comp becomes compulsory when a company hires its first employee. But do these laws apply to homeowners associations as well?

Although HOAs operate like a business, they are not usually treated like one. Workers' comp is an optional form of coverage for HOA and condo communities. Every homeowner's association should have sufficient workers' comp coverage to protect itself from liability.

There is no state-mandated coverage amount for workers' comp. The coverage amount will depend on the size of the community, how many vendors the HOA employs, and how many workers or volunteers HOAs have. It is a good idea that HOAs talk to their insurance provider to determine the best HOA workers' compensation insurance coverage for their community.

Does the HOA Management Company's Insurance Cover the HOA?

Many homeowners associations hire HOA management companies to help maintain the community. And these HOAs often skip workers' comp because they mistakenly believe their management company's policy also extends to them. After all, isn't the HOA management company the one responsible for hiring and handling vendors, contractors, and all association employees?

But, the fact is that an HOA management company's workers' comp only applies to the entity or company itself. In other words, the company's workers' comp doesn't cover the HOA or the board that hired them, which is true in most states. As a result, associations will still need to purchase their own HOA workers' comp insurance.

Should Vendors and Contractors Also Have Insurance?

Homeowners associations usually can't operate alone. They need the help of contractors and vendors to perform different jobs, such as landscaping, pressure washing, repairs, and the like. There is always a risk, though, associated with hiring vendors.

If they are not insured with workers' comp and an employee of theirs becomes injured, most states will consider the injured worker an employee of the HOA. Thus, there is essentially a transfer of liability.

When this happens, the injured worker can sue the HOA for damages. And, if the HOA doesn't have proper coverage, it can suffer severe financial loss, often forcing associations to tap into their reserves or levy special assessments to cover the cost of liability. Neither scenario is favorable.

1 Licensed but Uninsured

People often hear about the importance of hiring a licensed and insured vendor. But what if a vendor is only licensed but not insured?

Typically, licensed vendors retain the injured worker as an employee, which means that the homeowners association will not suddenly become their employer. The injured worker can then bring action against their employer (the vendor).

Sometimes, a court may find that the injured worker has dual employment. In this case, both the vendor and the HOA share liability. Proper HOA workers' comp insurance limits the injured employee's legal options.

2 Lying to Get Hired

Unfortunately, some HOAs fail to screen vendors properly. Other times, vendors will blatantly lie about having insurance just to land the job. These HOAs can hire vendors without proper insurance, including workers' comp.

HOAs must do their due diligence when hiring contractors and vendors to protect themselves from liability. It is essential to ask for a Certificate of Insurance that proves the vendor has workers' comp coverage. If a vendor fails to provide this certificate, an HOA should not hire them.

3 Insured by Lapsed

Sometimes, a vendor will have workers' comp insurance when hiring, but their policy will lapse. When a policy lapses, it is no longer in effect. If something happens, the vendor will not have the proper insurance to cover workers' compensation. Thus, it is best to ask vendors to show proof of insurance annually. Homeowners associations should also make sure they have HOA workers' comp insurance.

4 Screening Subcontractors

Some vendors hire subcontractors to carry out other jobs. Uninsured subcontractors, though, can result in the same problem for HOAs. As such, associations should require vendors to inform them first if they intend to hire subcontractors. Then, the HOA should perform the same due diligence.

5 Coverage Considerations

Standard workers' compensation insurance provides coverage for General Liability. However, this type of coverage usually does not cover the damages for bodily injury to an employee. If the industrial commission recognizes a contractor's employee as the HOA's employee, the HOA may not have sufficient protection. As such, taking out an "If Any" Worker's Comp policy that also includes a Voluntary Compensation (VC) Endorsement is a good idea.

The National WC Program, designed specifically for community associations, offers a variety of coverage for risk states. It is also worth noting that most states legally require employers to get a coverage limit of at least $100,000 per occurrence for bodily injury and $500,000 for physical injuries by disease. Make sure to check your state laws to find out your minimum requirements.

The Need for Professional Help

HOA workers' comp insurance is a basic form of protection that every homeowner's association should have in its arsenal. Without it, HOAs can face costly liabilities, which can cripple their financial health.

Understanding what types of insurance an HOA needs is not always easy. Contact Condominium Associates today! We can help you find what you need for your HOA!

How to Write HOA Board Meeting Minutes Guide

Thu, 08 Sep 2022 23:04:10 GMT

The board regularly convenes meetings in homeowners associations to discuss agenda items and vote. It is imperative to take HOA board meeting minutes to record what transpires at these meetings. But what is the process for doing so?

HOA Board Meeting Minutes Defined

A set of board members governs homeowners associations. These board members hold regular meetings to discuss community issues and vote on action items, including anything from budget presentations and approval to the status of an ongoing renovation project. During these meetings, someone takes minutes, essentially a written record of the discussions and decisions made during the session.

Why Take Minutes at a Board Meeting

Meeting minutes are a critical part of board meetings, whether in the context of a homeowners association or any other organization. Many states make it mandatory for associations to record HOA board meeting minutes.

Apart from being a requirement in most states and governing documents, meeting minutes serve many purposes. Meeting minutes record what happened during the meeting, so you can quickly reflect on the discussions and decisions made, making it easy to resolve disputes based on misunderstandings or confusion.

Meeting minutes also offer legal protection to the association and its board. Suppose an HOA finds itself the recipient of a lawsuit due to a dispute or accusation. In that case, meeting minutes can prove the board's grounded decision-making process.

Additionally, meeting minutes guide future board members. Through these minutes, prospective board members can review the board's past actions and mistakes, making their decision-making process smoother.

Who is in Charge of Writing the Board Meeting Notes

In most homeowners associations, the board secretary takes on the task of writing HOA board meeting minutes. The secretary can, however, usually assign the job to someone else but must still review the meeting minutes and give their approval.

What to Include in the Board Meeting Notes

Many associations mistake writing the minutes as a transcript, with word-for-word dialogue and unnecessary comments. But, this is not the proper way to take a board meeting minutes. You should not include certain items in your HOA board meeting minutes.

Generally speaking, the included items in your minutes are the ones that appear on the agenda because board members can't discuss or vote on items that aren't on the plan. Here are the things you must include in your board meeting minutes :

Meeting date
Meeting time
What time was the meeting called to order and by whom
Names of present and absent board members
Approval of the minutes of the previous session, including any amendments or rectifications
Additions to the agenda
Establishing a quorum
Financial report or presentation
Any motions proposed and what they are, who presented them, and who seconded them
Any voting that took place, including the results and those who voted for or against the item
Taken actions
Any resolutions or decisions made
Unfinished business
New business
Open forum discussion
The date and time of the next board meeting
Adjournment time

What note to include in the meeting minutes:

Personal comments
Opinions
Irrelevant discussions
Word-for-word dialogue

How to Write Board Meeting Minutes for your HOA

Taking down meeting minutes can be a daunting task if you have never done it before. There are some steps that you can follow, though, to make the process easier. Here's how to write up meeting minutes for a board meeting:

1 Prepare for the Board Meeting

Not all homeowners associations use the same format for meeting minutes. Each one has its style or method of recording. If you don't know where to begin, consider talking to your board president about the proper format. You can also seek help from the person who previously occupied your board position.

In addition, some governing documents contain basic guidelines for writing board meeting minutes. If there is no specific format, you can use past minutes as a basis. You can also work with other board members to develop a structure or use your own. Just make sure it's understandable and structured.

2 Use the Agenda as a Guide

Every board meeting will have a plan — a list of items the board will discuss and vote on for the community. Since the schedule already contains the expected events of the meeting, you can use it as an outline for your minutes. Type in or write the agenda, and then fill in the details of what taken motions, who seconded them, and the actions made. Agendas usually already follow a structure, so it will be much easier for you to use it as a starting point.

3 Write Objectively

Although this is an obvious one, we can't stress it enough. It is imperative always to write your HOA board meeting minutes using an objective tone.

You may discuss some controversial topics during the meeting, but that does not mean you should include them in your minutes. If they relate to the plan, try to summarize as much as possible. Exclude any emotional outbursts or deliveries. In other words, you should only and always stick to the facts.

4 Ask for Clarification

Meeting minutes can be challenging since you must simultaneously listen to what's happening and jot down the essential details. And, let's face it, not everyone has lightning-fast typing or writing skills, so you are bound to miss a few key points.

When that happens, don't be afraid to ask for clarification. Don't get creative or imaginative. It is also best to clarify specific points immediately instead of after the meeting. This way, the discussions and decisions are fresh on everyone's minds.

5 Make Necessary Edits

You can undoubtedly make edits if your HOA board meeting minutes need a little tweaking. Remove unnecessary details, such as personal commentary or chitchat, and make sure the format is understandable. Proofread the copy as well to ensure there are no typos or parts that don't make sense. If you are new to this, you will probably need help from your fellow board members or your HOA manager.

6 Distribute the Board Minutes

Board members should always keep homeowners in the loop. Even though a portion of the board meetings is typically open to all owners , not everyone has time to show up. Most members stay informed through meeting minutes.

As such, you should distribute the meeting minutes within a reasonable amount of time. Some associations do this via email or in person. Others post them on their HOA website. Make sure to check your state laws and governing documents on any provisions concerning the distribution of meeting minutes.

7 Save Digital and Physical Copies

Meeting minutes are essential tools in HOA management, so you shouldn't keep only a single copy. In addition to making and storing physical documents of the minutes, it is worth doing the same digitally. Paper records can deteriorate or fade over time. But digital copies can last forever and are easier to distribute, store and copy.

Can HOA Board Meetings Be Recorded?

You may wonder whether it is possible, or even permitted, to record board meetings using an audio or video recorder. The answer, though, isn't quite simple.

In some states, homeowners associations can't prohibit members from recording board meetings. However, HOAs can place reasonable restrictions, such as how far the camera should be from anyone.

However, HOAs should look to their governing documents in states where such provisions don't exist. Usually, only board members have a right to record board meetings. If you wish to register your sessions as a guide for taking minutes, destroy the tape afterward. The very existence of such a recording can put the association at risk of liability.

HOA Board Meeting Minutes Template

Taking meeting minutes is not always fun, but it remains a necessary part of board meetings.

Suppose you are still having trouble picturing what your minutes should look like; HOA Management offers a sample of the meeting minutes below: Download the HOA Board Meeting Minutes Template Here . Recording HOA board meeting minutes will be a breeze using these steps and our helpful template. Just remember to write them with objectivity, clarity, and accuracy in mind.

Contact Condominium Associates

Many associations outsource minutes-taking to an HOA management company. Contact Condominium Associates today for more details.

The Way to Address an HOA Mold Problem

Thu, 01 Sep 2022 19:05:19 GMT

An HOA mold problem is often a point of contention since there is usually a debate on which party is liab le for it. Does it fall under the association's responsibility, or should the homeowner answer to the charges?

Who is Responsible for an HOA Mold Problem?

Mold is a problem commonly encountered in buildings and homes. It can go unnoticed for many years, though telltale signs usually come from sight and smell. In homeowners associations, mold can be a problem, too. It can even snowball into chaos, ending with an HOA mold lawsuit.

Though mold can occur in any association, it is usually a more complex problem in communities with shared or common elements, such as condominiums, because mold can spread quickly across units.

In contrast, in single-family communities, there is typically a clear line between the association's and the homeowner's responsibilities. It is generally easier to determine who should be liable for the mold problem in these communities.

Because the lines with mold are often blurred, owners can sometimes enter disputes with their associations. Owners might argue that the association should cover the cost of the damages and repairs, even though it is not always the HOA's fault, which sows discord among community members and leads to further disputes.

Identifying the Liable Party in the HOA

Most experts agree that the association becomes liable for HOA mold damage if it originated from a common area, similar to other community association maintenance issues. Common areas typically fall under the jurisdiction of the HOA, whereas individual owners are responsible for their homes.

Not all homeowners associations have the same bylaws and rules that govern the community. It is essential to check the association's governing documents to see where maintenance responsibilities lie. Even then, though, it can be on a case-to-case basis.

Many associations also follow the origin rule. If a homeowner leaves their water running, which results in mold and then spreads to common areas, the owner is at fault. In that case, even though the common area is affected, the owner may be liable for damages and repairs. On the other hand, the HOA may be responsible if the situation is the other way around.

Negligence is an Issue Too

It is generally the homeowners association's responsibility to maintain the common areas, but insufficient or a total lack of maintenance can lead to mold growth. In such a case, the HOA has been negligent and may be liable for the damages and repairs.

Remember, though, that there is a difference between a duty to insure and a duty to repair. More often than not, associations ensure both the condos and the common elements in condominiums, which may cover the cost of remediation but not necessarily the cost of repairing any damages inside the owners' units.

Again, boards and owners should refer to the association's governing documents. They will generally find guidance there. If need be, a lawyer can interpret the governing documents and even state laws that deal with HOA mold problems.

Fixing the Problem with HOA Mold Remediation

Once the association discovers mold in its community, the first thing it must do is treat the mold. Mold may not be the most toxic substance, but it can still have adverse health effects. Calling a professional to treat the mold and prevent further growth is a good idea. Taking care of the HOA mold problem comes first — determining the liable party can come later.

How to Limit HOA Mold Problems and Liability

When it comes to mold, liability can follow. Homeowners associations should take the necessary measures to protect themselves from potential harm. They can do this by following the two steps below:

1. Regularly Inspect Buildings and Common Areas

First, homeowners and condo associations should include mold inspection in their maintenance charts. Associations must scope out common areas and buildings regularly to check for signs of water damage and mold. Catching mold early on will prevent it from spreading and growing out of control. Again, it is best to have a professional perform this task. Not everyone has the experience and expertise required for the job.

Remember that HOAs are responsible for maintaining the community, including common areas and buildings. The association could be liable if they fail to include this as part of the maintenance plan . By regularly inspecting common spaces and facilities, associations can limit liability due to negligence.

2. Update the Insurance Policy Annually

Next, it is critical to have insurance policies updated every year. Boards should make sure that their policy covers water damage and mold. Associations can significantly lessen liability related to HOA mold issues by ensuring it has proper coverage.

Additionally, boards should remind homeowners to keep their homeowners' insurance up-to-date. This way, owners can file a claim to cover the cost of repairs should water damage or mold occur. Remember that the association's insurance policy typically does not cover the cost of repairing damages to individual units or homes.

Contact Us

Mold is a serious issue that can grow into an uncontrollable mess. It is best to address an HOA mold problem early on. As for who is responsible, the answer is not always so clear-cut. The best recourse is to remedy the mold issue first and then look to the HOA's governing documents for guidance. In some places, state laws may come into play as well. When in doubt, consult a lawyer. Condominium Associates can help with that— contact us today !

HOA Common Practices for Common Areas

Mon, 22 Aug 2022 19:39:02 GMT

What are HOA Common Areas?

Generally speaking, common areas are amenities or spaces in an HOA neighborhood that are open for the use of all the association's members.

When you buy a home in an HOA, you automatically become a member of that HOA. That comes with certain obligations, such as paying regular dues and routine property maintenance. But, it also comes with the benefit of using common amenities and spaces. And those dues you pay maintain the association's common areas.

While communities can have different types, homeowners association common areas typically include pools, clubhouses, fitness centers, hallways, stairways, elevators, sidewalks, and streets. Even HOA communities have tennis courts, golf courses, lakes, and equestrian facilities. Of course, the more comprehensive the HOA common areas, the higher the regular dues tend to be.

Common areas, also known as common elements, can be further broken down into three categories: general common elements, limited common elements, and exclusive use common elements.

General Common Elements

General common elements usually refer to the features that all homeowners in the community can use. Some examples include pools, gyms, clubhouses, entrance/exit gates, etc. You will find the exact location of these elements in the community plat.

Limited Common Elements

Similar to general common elements, you will find the location of limited standard features in the community plat. Limited common elements usually refer to elements that are not open to all homeowners, but more than one homeowner may use them, which is more common in condominiums and townhomes.

Exclusive Common Elements

Finally, only common elements refer to elements that only one homeowner uses, which is also more common in condominiums and townhomes. For example, a homeowner living in unit A is the only person with access to their unit's balcony. As with the first two types, you can determine the exact location of exclusive common elements by checking the community plat.

Who is Responsible for HOA Common Area Maintenance?

As with all things, common areas or elements also require regular maintenance to keep them in good shape. But, who exactly is responsible for maintaining the common areas? The answer is: it depends.

Some states have HOA common area laws defining the responsibility burden for common areas. For instance, in California, Civil Code Section 4775 places blame on the HOA unless otherwise provided in the governing documents .

More often than not, though, you will find maintenance responsibilities outlined within the CC&Rs or bylaws. Typically, the HOA is responsible for maintaining, repairing, and replacing all general common elements. Of course, the money used to pay for maintenance still comes from the homeowners. Because all homeowners have access to standard features, they all share the cost of maintaining them.

As for limited and exclusive common elements, it depends on what the governing documents say. Some HOAs shoulder the maintenance responsibility, while others delegate the responsibility to those with the right to use the elements. There are also cases wherein some owners have to maintain limited or exclusive common features, but the association is responsible for replacing or repairing them.

HOA Common Area Rules

It is common for associations to impose specific rules and restrictions regarding the use of common community areas. After all, without these rules, the HOA common areas can quickly fall into disrepair.

Common rules for such areas include:

Operating hours of common amenities such as pools and fitness centers
No running
Designated walkways in parks
No littering
The type of clothes or shoes worn in the area
No pets
Adults must always supervise children
No shouting

Because these rules can vary greatly, it is best to check your association's governing documents to know the exact regulations. This way, homeowners can avoid violating the rules and save themselves a possible monetary fine.

HOA Failure to Maintain Common Areas

It is generally the responsibility of the HOA to maintain the common areas open to all homeowners. That means hiring vendors to clean, perform preventive maintenance, and repair these spaces. As previously explained, the money used to pay for such services comes from the operating budget, which comes from homeowner dues.

Sometimes, an HOA won't maintain the common areas up to the standard required or will stop maintenance altogether. When this happens, the spaces can deteriorate, impacting property values and homeowners alike. If an HOA is not maintaining common areas, what can homeowners do?

If you know the HOA is responsible for maintenance, the first step you can take is to complain to the HOA board. Let the board know that the HOA has to maintain these areas as stipulated in the governing documents. If the board refuses to comply, homeowners can look into the procedure for removing one or more board members. You will typically find this information within the bylaws of your HOA.

If that still doesn't work, the final option is to take legal action. The lawsuit on claims of a breach of fiduciary duty, negligence, or a covenant violation should be a last resort, as it can be time-consuming and costly.

Homeowners should also fulfill their financial obligation to the HOA to ensure that common areas remain in good condition. There are cases, though, wherein a failure to maintain HOA common areas stems from a lack of funding. The HOA board must plan the budget and account for all maintenance expenses before collecting dues to remedy this.

Prioritizing Common Areas

Convenient and well-maintained common areas help sell the community to buyers and keep existing homeowners happy. The HOA common areas add value and appeal to the community. Associations should always consider the maintenance of common areas as a top priority.

Monitoring common areas and ensuring they're maintained is often taxing for board members, which is where an HOA management company can step in—that's us, Condominium Associates!

What Should HOAs do about Unenforceable HOA Rules?

Wed, 17 Aug 2022 01:53:37 GMT

What are Unenforceable HOA Rules?

HOA rules are rules that members of an HOA community must follow. These rules exist to regulate members' behavior within the association. You can use HOA rules and covenants interchangeably and find HOA covenants within your association's Covenants, Conditions, & Restrictions (CC&Rs). These dictate the association's and the members' obligations and rights. In essence, both HOA rules and covenants dictate what homeowners (and the HOA) can and can't do.

You must then realize the extent of an HOA's authority. Neighborhood covenants are enforceable. Both HOA covenants and rules are legally binding and enforceable, and there are some exceptions to this statement, while some rules can be unenforceable.

But, how do you distinguish the unenforceable HOA rules from the enforceable ones? Rules are unenforceable if they fall under one or more of the following categories:

Violates rights or breaches laws
No power to act
Enacted incorrectly
Enforced inconsistently or selectively

Unenforceable HOA Rule #1: Violates Rights of Breaches Laws

Federal and state laws, including constitutional rights, precede all of an association's governing documents . Therefore, when a rule violates the law, it is unenforceable.

Typical HOA rules that fall under this category often have to do with the following:

1 Freedom of Speech

Homeowners and HOAs usually butt heads when it comes to freedom of speech. Commonly, the two areas of concern are political speech and displays of patriotism, particularly when it comes to signs.

Many associations restrict what signs homeowners can display, with some even banning all types. In some states, though, associations don't have much power.

The best course of action for HOAs is only to restrict the number, size, and location of political signs. Associations can also allow such displays only before and immediately following an election.

Flags are also a point of contention among associations and homeowners. They can, however, limit the size of the flag. But, thanks to the Freedom to Display the American Flag Act of 2005 , HOAs generally can't prohibit homeowners from displaying the American flag.

2 Discrimination

The Federal Fair Housing Act prevents associations from discriminating against homeowners and potential homeowners based on their race, religion, national origin, sex, familial status, or disability. Therefore, a rule banning women from the gym during certain hours goes against this act.

Some states have also enacted laws that provide further defense for protected classes.

3 Right to Bear Arms

The Second Amendment remains a hot topic in the United States. For homeowners associations, though, the general rule is that they can't disallow residents from owning guns. This is one of the homeowners rights against HOA. But, the association can restrict weapons in open or communal spaces.

4 Religious Freedom

The Fair Housing Act and several state laws protect homeowners' right to religious freedom. Therefore, homeowner association rules that discriminate against a particular religion are unenforceable.

An HOA may have a rule restricting religious displays or activities in a common area. It is enforceable if the language does not single out a specific religion. In this case, the rule or covenant might indirectly interfere with religious practice, but it is applied equally to all religions.

5 Other Federal and State Laws

Several other rules might breach federal or state laws and are unenforceable.

Right to Dry. HOAs can't prohibit homeowners from hanging laundry on a clothesline in many states.
OTARD Rule. The FCC's Over-the-Air Reception Devices Rule prevents HOAs from banning satellites or antennas.
Landscaping. In a few states , homeowners should be able to use synthetic grass or plants that don't require much water in their landscaping.

Unenforceable HOA Rule #2: No Power to Act

If the HOA holds no authority to act on a specific rule, then the rule may be unenforceable. Fines are a great example to demonstrate this. Can a homeowners association fine you? Yes, HOAs can generally impose a fine when homeowners violate a rule. But, can an association fine you just because? That is a different story. The HOA can only impose fines for violations, provided the governing documents or state laws allow it.

Unenforceable HOA Rule #3: Enacted Incorrectly

Typically, an HOA records its covenants and rules in the declaration of incorporation. Such practices usually don't pose a problem.

Can an HOA change rules after purchase? If you just bought a home that belongs in an HOA community, don't expect the rules to remain the same forever. Many associations continue to change or add to their rules. It is not uncommon for HOAs to amend their governing documents.

But, there is a right way to create a new rule or change an existing one. Like the HOA's authority, you will find the proper enactment procedure within state laws and the association's governing documents. It is unenforceable if the HOA changes a rule or makes a new one without following guidelines.

Your HOA may also have stipulations for amending its governing documents, such as a written petition or notice requirements.

Unenforceable HOA Rule #4: Enforced Inconsistently or Selectively

State laws and most HOA governing documents outline the procedural requirements associations must comply with when enforcing a rule. When such procedural requirements are not met or are applied inconsistently, the homeowner can challenge the enforcement of the rule. Usually, this involves sending written notice and providing the homeowner with an opportunity to be heard by the board.

Many associations can fall victim to selective enforcement, another problem for HOAs. Some boards will apply a rule to one homeowner but not the other; this enforcement also happens when commissions apply some rules but ignore others.

Homeowners have a right to take legal action against their HOA for selective enforcement. But, keep in mind that you will need to prove that selective enforcement took place, which is often challenging. Additionally, the litigation process can take a lot of time and cost a lot of money. HOA boards typically have insurance to cover their defense fees as well.

Just "Enforceable" is Not Always the Best

It is not enough to have enforceable rules; the rules should also be good, which means they must exist for the betterment of the community. But, how do you determine whether a rule is good or not?

Good rules must be fair and reasonable. Even without the rule, common sense should dictate that it is the right thing to do. Good rules are also efficient in that they achieve their purpose. HOA boards must also ensure the rules are understandable and easy to follow.

Avoid Vague Language

Unenforceable HOA rules are not just ones that blatantly go against the law if they contain vague language. Vague language can create all sorts of misunderstandings. And rules with unclear terms can cause more problems for both the board and homeowners.

HOA boards should make every rule as clear and direct as possible. Use terms like "You must…" or "You shall…" to convey the mandatory nature of the rule. Don't beat around the bush.

Some rules include terms such as "nuisance" or "unappealing." Unfortunately, these terms leave much room for interpretation. To remedy this, HOAs should consist of language that gives the board sole discretion when deciding what nuisances or counts as unappealing.

What Can Homeowners Do?

Contrary to what some might believe, HOAs don't possess powers that make them impervious to homeowner action. When you encounter unenforceable HOA rules, there are several ways you can defend yourself or bring the matter to the board's attention.

Talk to the Board . Start expressing your concern regarding the unenforceable nature of the rule. You can do this in-person or by writing a formal letter. Use a professional tone and be careful not to place blame on anyone. In many cases, a sincere reaching out can change the board's judgment.

Dispute Resolution . Some state laws and governing documents require homeowners to undergo a dispute resolution process before filing a lawsuit. You can do this through mediation or arbitration.

Take Legal Action . You can challenge the validity of the rule/s in question in state court (or federal court if it breaches the Fair Housing Act).

Ask for Help

Homeowners associations should not have any unenforceable HOA rules. To ensure this, board members must see that HOA rules don't violate any laws or homeowner rights.

They must also ensure they have the authority to enforce these rules and enact or amend them according to the proper procedures set forth by state laws and the governing documents. Finally, boards must always enforce rules consistently and uniformly to avoid problems.

Please don't hesitate to contact Condominium Associates if you need further assistance!

Homeowner Insurance & HOA Insurance: What's the Difference?

Wed, 08 Jun 2022 02:10:29 GMT

While both homeowners insurance and HOA insurance offer protection, they are not the same. The critical difference between these two types of insurance is what they cover. Homeowner insurance typically applies to the property and personal belongings of the homeowner, whereas HOA insurance applies to the property and liability of the homeowners association.

As for who pays for these policies, the answer is the homeowner. You pay for your homeowner's insurance policy, covering your dwelling as a homeowner. HOA insurance is also paid for by the homeowners who live in the community. Homeowners have a financial obligation to pay monthly dues to the association. The HOA then uses these dues to fund the various expenses of the association, including insurance premiums, among other things.

What does Homeowners Insurance Cover?

Homeowner insurance offers financial protection for dwelling and personal property damage in a covered peril. Covered perils can vary from one provider to another, with the home's location playing a pivotal role in the policy. Most standard homeowners insurance policies, though, offer coverage for the following risks:

Falling objects
Fire and smoke
Frozen plumbing
Theft
Water damage as a result of plumbing, HVAC systems, and appliances
Wind or hail storms

Homeowner insurance also provides liability protection. For example, if you or a family member cause bodily injury or property damage to a third party, homeowners insurance can offer coverage for lawsuits and damages. Homeowner's insurance typically doesn't cover floods, so most likely, you will purchase a separate or additional policy for those risks.

Homeowner's Insurance Coverage Levels

When it comes to coverage levels, homeowners insurance comes in three forms: actual cash value (ACV), replacement cost, and guaranteed replacement cost or value. Real cash value pays you the amount after factoring in depreciation, whereas replacement cost covers the total cost of replacement without depreciation. Finally, guaranteed replacement cost or value covers the entire cost even if it goes beyond your policy limit (usually up to 20-25% over the limit). Therefore, it is the most comprehensive.

What does HOA Insurance Cover?

Unlike homeowners insurance, which covers an individual homeowner's property, HOA insurance covers communal property. This policy protects the common areas and buildings of a homeowners association.

A standard HOA master policy includes coverage for the following items:

Liability: If a guest becomes injured on HOA property, the master policy can cover the cost of legal and medical fees.

Property Damage: HOA insurance can pay for the cost of repairs if common elements suffer damage due to a covered peril.

As with homeowner insurance, HOA insurance can vary in covered risks. Again, location can play an essential role in determining what is covered.

Homeowner's Insurance vs Condo Insurance

It is easier to define and ensure the common areas in homeowners associations consisting of detached homes. But, in condo associations where sharing of many elements occurs, the distinction isn't always so clear-cut. As such, condo insurance typically comes in three forms:

All-in Coverage offers bare-wall coverage but added protection for appliances, countertops, and other built-in items.

Bare-walls Coverage covers the structure itself and the wiring, plumbing, and insulation of an owner's condo unit.

Special Entity Coverage covers all property inside individual condo units but not structural modifications or additions.

As with HOA and homeowners insurance, condo owners should know what their condo master policy already covers to help them decide which policy to buy. Just like homeowners insurance, personal condo insurance offers coverage for liability and personal items.

What is the Cost of Homeowner's Insurance?

The cost of homeowners insurance will depend on several factors. These include your location, home value, the condition and age of your home, the coverage amount, and the provider you choose. For instance, homeowners living in areas with a high crime rate generally have to pay more for home insurance due to the higher chance of theft. Additional coverage or "riders" can also affect the cost of your insurance premium.

On average, homeowners pay somewhere between $1,300 to $1,700 per year for home insurance. While the cost may seem expensive at first glance, it's nothing compared to the expenses you will incur to repair a damaged home or pay for liability. As such, homeowners insurance is an excellent investment to make.

How to Get Homeowners Insurance

When looking for homeowners insurance, the first thing you need to do is determine your needs. What is it that you want to cover? And how much coverage do you need? This will, of course, require some calculations on your part. Determine how much it will cost to rebuild your home, and don't forget to include the cost of your personal belongings. In doing so, you can set a realistic coverage amount.

Next, shop around. Looking for the right homeowner insurance company takes work. And while you will find many online, don't go with just the first or cheapest one. Cheap homeowners insurance does exist, but such policies usually don't provide sufficient coverage. To better compare your prospects, ask each company to provide you with a homeowner insurance quote.

It's also a good idea to research every candidate. Look for online reviews and references. See what other customers have to say about their services and claims process. Some companies make customers jump through hoops to get a single claim approved. You don't want that.

After gathering enough data, it's time to make your choice. Keep in mind that, in the end, the best homeowners insurance is the one that fits your needs and standards.

Do you need Homeowner's Insurance? Contact Us!

Homeowners insurance is something that no homeowner should leave out. Even if your association already has an HOA master policy, you will still need your separate policy. After all, HOA insurance typically doesn't cover individual homes or condos — only common elements and areas.

Managing a homeowners association comes with many responsibilities, including staying on top of HOA insurance. Get help from a reputable HOA management company today. Contact us today!

Can a Florida HOA Evict a Tenant?

Fri, 04 Feb 2022 17:01:55 GMT

When new owners purchase condominiums and other residences governed by homeowners' associations (HOAs), they agree to the terms of your HOA's bylaws. However, a tenant who rents a home in these communities—with the owner acting as the landlord—may not be subject to HOA rules. So what happens when a tenant breaks the code of conduct established by the community and its members?

In many states, HOAs are limited to action against a homeowners association member whose tenants are causing trouble and have no oversight of the tenants themselves. Fortunately, Florida does allow HOAs to take action against tenants, up to and including eviction, but only in specific circumstances. Follow some procedures for the process to be legal.

Florida HOAs Can Deal With Tenants for Non-Payment Only

In the past, Florida parcel owners could leave the community, rent out their homes, and keep all of the rent money—and HOA couldn't take any action other than to foreclose.

In 2010, the Florida Legislature amended HOA laws concerning the right to collect payment for past-due association fees and assessments, giving tenants some accountability for a homeowner landlord's unpaid fees.

Today, Florida HOAs have the legal right to do the following:

Collect past due assessments from tenants . Suppose a homeowner-landlord falls behind in his assessments. In that case, the HOA may serve a notice to a tenant demanding that rent be paid directly to the association. If the tenant complies, the landlord could credit the amount paid to the association against the landlord's debt. The tenant is released from the obligation to the HOA if he leaves the unit or pays the debt owed by the tenant's landlord in full. The tenant cannot be evicted from the residence by the landlord as long as rent payments continue.

Prevent a tenant from exercising member rights . Florida law states that a tenant paying a homeowner's debt doesn't have any of the rights of an owner within the community, including the right to vote in elections or examine the association's records.

Evict a tenant . Suppose the tenant receives a written demand for payment from the HOA but continues to pay rent to the homeowner-landlord. In that case, the HOA can evict the tenant on the grounds of failing to meet a monetary obligation.

A Lawyer Helps You Navigate and Avoid Tenant Disputes

Once again, Florida HOAs only have the right to remove tenants for non-payment. A tenant is obligated to follow the terms of a lease issued by the parcel owner and may not have ever seen (or agreed to) the HOAs community guidelines and bylaws.

However, the HOA can strengthen its position by including lease and rental terms in its governing documents, particularly to the enforceability and legality of landlord-tenant agreements.

How An Attorney Can Help

If you're having trouble with an owner or tenant on your property, an attorney can:

Serve and enforce collections . HOAs are required to serve notice to tenants before assigning them the responsibility of paying a landlord's assessments. The notice must be made by the United States mail or hand delivery. The landlord should cite the Florida statute giving the HOA authority. Lastly, it needs to contain explicit language outlining remand rent payments to the homeowners' association. If payment still isn't made, we can intercede on your behalf to collect payment in full.

Represent your interests . If your governing documents contain enforceable policies regarding delinquent tenants, have a lawyer inspect eviction actions. A lawyer could file liens or foreclosure action, representing the association to litigation.

Strengthen your governing documents . Have a lawyer review the language and stipulations regarding rental in your governing documents. To ensure future binding, inform tenants of the terms and principles agreed upon by members.

Contact Condominium Associates

While we can't offer direct legal advice, we can help you find a lawyer that will work best with your board members to create successful solutions. Contact us today if you need help! We are here for you.

Holiday Q&A: Some Things Board Members Should Know for the Holidays

Fri, 10 Dec 2021 16:42:27 GMT

As the holidays approach, you may be wondering what are some important things to know concerning government documents or legal issues when it comes to board member rights and responsibilities. Check out this article where three common questions are answered about your HOA and board members.

Q: Can a board of directors members receive a holiday bonus?

A: This is not a good idea, and it is usually not legally permissible.

Section 720.303(12) of the Florida Homeowners’ Association Act generally prohibits directors and officers from directly receiving a salary, compensation, or other financial benefits. However, payment is permissible where it is expressly authorized in the association’s governing documents or approved in advance by a majority vote of the members.

Section 718.112(2)(a)(1) of the Florida Condominium Act similarly provides that the directors and officers are to serve the association without compensation “unless otherwise provided in the bylaws.”

Even if such a payment is authorized as required by law, it still might not be a good idea to execute. The general theory of the relatively broad immunities in the law for association directors is that they are volunteers. Even a token that goes against that theory could raise concern for someone looking to hold a board member liable for some issue. Also, paying directors raises questions about the need for licensure under the statutes governing community association managers.

Individual members can certainly bestow gifts on whom they choose, including board members during the holidays as a token of appreciation for their service. Also, these limitations and issues do not apply to employees of the association, where holiday bonuses are relatively common.

Q: Can my condominium association use 50/50 raffles to raise funds for our committees and use the monetary earnings to host holiday gatherings?

A: The straight answer: no, 50/50 raffles are not allowed.

Under Florida law, raffle-type games, including 50/50 raffles, are prohibited and considered unlawful gambling. However, this is a low-priority crime with many law enforcement agencies. A community association sponsoring, conducting, promoting, advertising, or assisting with illegal activities could expose employees, board members, officers, and others to potential criminal prosecution.

If one pursued a violation, potentially legal problems could arise. These issues include loss of the presumption of indemnification entitlement in the event one brings on legal proceedings and possible denial of insurance coverage under policies that typically provide defense coverage for legal actions brought against the association.

Q: My condominium association holds an annual holiday party at a nearby restaurant. The association uses common funds to pay for everything, including the banquet hall, food, and refreshments. Is this a reasonable typical expense?

A: Maybe .

Your condominium association’s governing documents likely include a definition of “common expenses.” If this definition explicitly includes social event expenses, like the expenses referenced in your question, these expenses will likely be considered a reasonable ordinary expense. If, however, your governing documents do not include social event expenses within the definition of everyday expenses, these expenses may not be considered a good ordinary expense. Like many community association legal issues, the specific facts of a given situation will dictate the answer.

The Division of Florida Condominiums, Timeshares, and Mobile Homes has jurisdiction to investigate complaints from owners who allege that their condominium association is impermissibly spending common funds. As part of any investigation, the Division will closely scrutinize the subject expense and the scope of the ordinary expenses, as defined by the governing documents. If the Division feels that the subject expenses exceed the authority contained in the governing documents, they have the right to pursue enforcement efforts against the association. The amount of the social event expenses and the use of the costs will be relevant factors in any Division investigation.

Many condominium associations governing documents do not include social event expenses within the scope of the standard expense definition. However, for those associations who wish to pay for social event expenses via common funds, avoid the risk of a legal challenge or penalty imposed by the Division and pursue an amendment to the governing documents.

Contact Us

Still have questions? Reach out to Condominium Associates today!

To Pay or Not to Pay? How to Handle Failed Payments in your HOA

Thu, 11 Nov 2021 03:19:25 GMT

Homeowners living in HOA Communities face a variety of requirements, regulations, and rules by choosing to live in these private communities. One of the requirements for members is the payment of HOA fees. We want to give members the necessary information concerning HOA fees and the many issues arise when homeowners fail to pay.

The Obligation to Pay HOA Fees

The obligation to pay fees assessed by an association primarily comes as a contractual obligation, created by the Covenants, Conditions, and Restrictions (CC&Rs), as well as the Bylaws and Operating Rules .

Notably, the fee obligation runs with the land, and as such, the contractual obligation continues until ownership of the property changes to the next owner.

HOA fees are the costs assessed to all property owners to maintain the community, such as lawn care, snow removal, utilities, common area, landscaping, pools, gyms, and other operational needs. The amount of HOA fees will vary depending on the nature of the community, its location, and the services provided.

In general, the CC&Rs provide that homeowners can't offset any HOA fees owed in exchange for items that homeowners believe should be in the community. However, homeowners cannot cancel or withhold the payment of HOA fees due to the association's alleged mismanagement, failure to act or perform its obligations.

Collection Policy Requirements

The requirement for HOA to adopt a collection policy varies based upon applicable state law and the association's governing documents. However, even when not required, well-governed associations that choose to adopt a fee collection policy provide community members with a road map outlining the steps the association will take when a member fails to pay.

HOA Collection Methods

An HOA's primary function is to provide maintenance and upkeep of the community and enforcement its rules uniformly. This responsibility helps ensure the community's long-term viability and the value of the property owners' investments.

Thus, the function of the association is to determine what services are needed to do so, contract for those services, and then collect sufficient fees while maintaining reserve funds to deal with unexpected maintenance issues that may arise.

When a homeowner fails to pay the fees when due, the association has a contractual obligation to collect the delinquency under the CC&Rs. For this reason, an HOA needs to have a standard process or collection policy to follow to ensure that discrimination issues do not arise.

In other words, associations must provide all delinquent homeowners with the same notifications and opportunities to cure the delinquency to avoid discrimination claims for failing to have a consistent collection policy. To help our readers understand what a standard collection policy looks like, the typical steps associations take to collect past-due HOA fees are below.

Send a Friendly Reminder (AKA Late Notice)

Generally, HOAs start the collection process by sending the defaulting owner a friendly reminder notice. Sometimes things get lost in the mail or overlooked, and in most cases of late payment, a simple, friendly reminder can get the job done. If that does not work, then associations take more formalized procedures to collect the fees.

Initial HOA Collection Letter of Demand

After the initial friendly reminder notice, if the homeowner fails to respond or take action, the next step HOAs generally take is a formal demand letter that must meet the Fair Debt Collection Practices Act (FDCPA) requirements.

Subsequent HOA Collection Letters

After the initial demand letter, an association can send additional collection letters to avoid legal action. Most HOA move forward with lien enforcement, personal money judgment lawsuits, and even foreclosure if that does not work.

Attorney Fee Liability

Depending on what the CC&Rs and state laws dictate, homeowners may be liable for attorneys' fees and related collection costs. In particular, most CC&Rs provide that if a homeowner fails to pay and compels the association to commence collection procedures if the association prevails in court, the homeowner would be liable for the association's legal fees and costs to collect the past-due fees.

Resolving Collection Matters

If homeowners face collections initiated by the HOA, the first start is by discussing the issue with the Board of Directors or its managing agent. If there are reasons why the homeowner is not paying, then those can be addressed, but remember that a homeowner is not allowed to withhold assessment payments.

It is also possible to work out an alternative arrangement if the homeowner is experiencing financial hardship. Rather than spending thousands of dollars on litigation, there are very often ways in which homeowners can address the issues without ending up with a personal money judgment lawsuit or foreclosure.

It is also essential for members to understand their legal rights and the collection procedures associations must follow when collecting HOA fees. These procedures will generally vary by state, but information on these topics is available to members on this website.

Contact Us

Members have a contractual responsibility to pay their fees on time. When the failure to do so happens, it is generally a much better practice for members to find ways to resolve those issues short of litigation.

Litigation can be costly and frankly can result in adverse consumer credit consequences. Call us to learn more about your options if someone doesn't pay their HOA fees in your south Florida HOA or Condominium Association.

Handling Trespassing Situations In Your HOA

Fri, 04 Jun 2021 00:28:12 GMT

Trespassing in HOA communities is a common concern. Usually, the situation involves either the HOA entering a homeowner's property or a homeowner entering community property. Regardless of the actual situation, the association must know how to handle this issue. Failure to provide awareness can result in severe consequences for either party.

What Does Trespassing Look Like in an HOA?

Trespassing—in the context of a homeowner's association—means stepping foot on a person's property without consent. Generally, a member of the HOA community can enter a fellow member's property for the following reasons only:

Maintain work or repairs on a common element
Inspect for violations of the covenants or operating rules
Emergencies

Of course, the association must provide the homeowner with sufficient prior notice of the intent. The lead time varies from association to association, so it is imperative to check the governing documents for such provisions.

Discern Between A Trespass and a Violation

The unauthorized entry into a property does not always equate to trespassing. For instance, an association may have a rule that only allows homeowners in the community pool area during specific hours.

If a homeowner enters the pool area outside those hours, the HOA may charge the homeowner with trespassing. However, classifying this as trespassing is extreme.

Therefore, associations must learn to differentiate between trespassing in HOA communities and a mere violation of the rules. For example, in the above scenario, the homeowner broke a rule about the community pool hours. As a result, the HOA can charge the homeowner with a fine, but calling authorities is unnecessary.

It is, however, considered HOA trespassing if the person entering the pool (or any other common area) is not a member of the HOA community. The same goes for people who are unapproved tenants residing on a property or those in a foreclosed property. Therefore, the association can charge the violators in this case with trespassing.

Before Entering a Homeowner's Property, Know What to Do

While the association can enter a homeowner's property under a few circumstances, the HOA must first discern if entering is necessary. Mishandling the situation can result in a wide array of consequences. Therefore, the HOA must remain cautious when entering a homeowner's property to correct a violation. Some may perceive it as trespassing. Here are the things an association must take into account:

1. Check the Governing Documents and State Laws

Always check state laws and the association's governing documents first. An association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs) should contain provisions outlining the HOA board's authority to enter a homeowner's property. It is crucial to pinpoint precisely which part of the documents gives the board the power to enter someone's property and take the intended actions. Just because the Declaration allows the HOA to enter a homeowner's property, it does not mean it has the authority to install or alter anything without permission.

State laws may also play a part in allowing associations access to homeowner property. In Florida , for instance, homeowners associations have the right of entry under emergencies, as well as reasonable cause. However, it is essential to note that if state laws and an association's CC&Rs come into conflict, the former always outweighs the latter.

2. Consider the Risks

The HOA must evaluate the risks against the benefits of entering a home.

The homeowner may violate the rules, but entering their property will not always solve the situation. The most common pitfalls involved are:

Angering the homeowner involved
The physical safety of the association's representative
Legal repercussions

Some people will go to any lengths, however extreme, to safeguard their property. If a combative homeowner is concerned about their property rights, the HOA representative may face danger. Residents may also own aggressive pets that can seriously injure the representative. If a homeowner phones the authorities, the police typically ignore the association's "self-help" provisions in the CC&Rs. Instead, they will likely take the homeowner's side and ask the HOA to vacate the premises.

3. Order a Court Order

If the situation calls for entry into a homeowner's property, the association must obtain a court order. This process is the absolute last resort an HOA must consider. Before getting a court order, the association must first exhaust all possible alternative courses of action, including providing sufficient notice, imposing fines, or even organizing a hearing. Taking legal action can be costly and time-consuming, so it must not take precedence over all other options.

After doing everything in its power to resolve the issue and still arriving at a fruitless outcome, the HOA can then involve an attorney . Legal counsel can send a letter to the homeowner in question. This letter will double as documented proof that the HOA tried to resolve the matter through all reasonable means. Suppose the homeowner chooses to avoid the violation. In that case, the HOA can proceed with litigation and obtain a court order, allowing the association access to the homeowner's property to correct the violation.

Not Everything is What it Seems

Every association will deal with trespassing in an HOA at one point or another. In these situations, it is vital to remember that not everything is as straightforward as it seems. Before confronting the situation head-on, the HOA must step back and consider all the elements of the situation. Determine whether it counts as trespassing, check the state laws and governing documents, and weigh the pros and cons of entering a homeowner's property.

Contact Us

Many associations struggle with enforcing HOA trespassing policies and dealing with violators, which is why a vast majority turn to professional HOA management services. However, feel free to contact Condominium Associates —we are here to help you navigate the issues!

Can an HOA Board Install Bulk Cable and Internet?

Mon, 10 May 2021 16:31:00 GMT

Has your board of directors of your homeowners’ association recently consider a bulk contract for cable television and internet service for your community. While the association has not previously provided cable or internet service to the residents, the association signed the contract to force homeowners to pay for the service as part of their assessments.

Communication Services in Your HOA

Section 720.309(2), the Florida Homeowners’ Association Act, states that if the governing documents authorize the association to incur the cost of communication services, information services, or internet services obtained under a bulk contract, deem such expenses as an operating expense of the association. Even if the governing documents do not provide these bulk services, the law states that the board can contract bulk telecommunication services. The costs of such services shall be an expense of the association.

Governing Documents & Bulk Service Contracts

However, suppose the governing documents do not address such bulk service contracts. Then, the board must allocate the cost of the bulk service on a per parcel basis rather than on a percentage basis. Even if the allocation of the governing documents contemplates assessments on a percentage basis, they still need to do it on a per-parcel basis.

An Initial Vote is Not Necessary

Without a vote of the membership, the board of directors can enter into a contract for bulk services, even if the association has not historically provided such assistance. This law came into fruition in 2011, so there may be some room to argue about its retroactive application to communities created before that date.

A Majority Vote Could Matter

The statute also provides that a majority vote can cancel any such contact of the voting interests present at the next regular or special meeting of the association members. However, if no one takes action to vote at the next membership meeting, the contract is deemed ratified. Chapter 718 of the Florida Condominium Act contains similar provisions regarding bulk telecommunication service contracts.

Contact Condominium Associates

Our goal is to provide our community members with up-to-date information on all things HOAs and COAs. If you have questions or concerns, please reach out to us. We are here to help! Contact us today!

How HOA & Condo Boards Can Safely Permit Fire Pits

Sat, 06 Mar 2021 21:31:05 GMT

It's without a doubt that COVID-19 continues to present challenges in homeowners' associations. There must be a delicate balance between cultivating community and making safety a priority when neighbors have guests over for dinner and want to use the clubhouse.

Firepits as an Alternative Source

As residents look for safe ways to socialize and social distance, some residents ask board members to allow propane-operated fire pits for outdoor enjoyment during the year . Firepits are a popular alternative to grills. Every big box store is advertising them. Overall, having a fire table provides owners an opportunity to use their patios as safer ways to entertain their guests.

Safety Concerns

Safety concerns such as the height of the flame, size of the table, location on the patio, and proximity to the next home or nearby shrubs and trees have kept many associations from permitting fire pits. However, association boards are concerned about damage or injury to persons or property. Condominium Associates does not condone buildings catching on fire or for people to be injured. These events could be catastrophic for an association and its residents. So, to avoid a problem, establish safety precautions to keep everyone in the community safe.

How do boards safely allow residents to use fire pits, especially if the HOA currently prohibits small patios and homes from being close together? We recommend that HOAs regulate fire pits in the same manner as other open-flame devices or address them specifically in the rules and regulations. Be mindful of the requirements on location and storage/coverage similar to those for gas grills.

It is also wise to regulate fire pits and other open-flame devices such as charcoal burners and gas grills. Consider permitting prior written permission from the board so long as they follow all county and local fire codes.

Other Recommendations for Fire Pit Safety

The following are other recommendations to add to a policy that details that fire pits must adhere to the following:

Must be propane, natural gas, and gel only.
Must have a tempered wind guard of at least 6 inches in height.
Wood-burning fire pits are not permitted.
A unit owner must monitor the area when an open-flame device is in use and is responsible for any damage to the structures, patio fences, and landscaping.
Bill damage caused by an open-flame device that requires repair or replacement to the unit owner.

Contact Us

Boards contemplating a similar policy should have little difficulty implementing it in their association. Most communities have no problem with the enforcement of these new policies. If you witness a clear violation and inform the owner right away to get the situation resolved as a board member. Do you still have questions? Do not hesitate to reach out to us ; we are here to serve our communities!

What an HOA Board Can Do With Stray Animals

Tue, 03 Mar 2020 03:46:50 GMT

The problem of stray animals in HOA communities is a common one. But, there are some measures HOA boards can take to prevent strays from loitering and discourage residents from feeding them.

What Happens When Stray Animals are Allowed in HOA Communities

From the get-go, the board should make it clear that the association’s pet rules apply to homeowners’ pets and not to stray animals. Stray animals may not seem like an issue in a community, especially for one with a pet-friendly policy. But there is a massive difference between pets and strays. Pets are domesticated animals used to living indoors, whereas strays typically run wild.

Some may wonder why feeding stray animals in an HOA community is a big deal. They are just animals, and they need food like everyone else. While compassion may drive some residents to feed strays, this is ultimately a wrong decision as it can cause a domino effect in the community.

Feeding Leads to Loitering

Feeding stray animals in HOA communities can prompt them to stick around. Strays usually stay in places where there’s food. So, if residents start feeding them, they are more inclined to remain in the neighborhood. Feeding strays conditions them into thinking that they have a constant source of food in the area. As a result, they will loiter and become a nuisance to residents.

Unsanitary and Unhealthy

Stray animals are not trained like pets. Therefore, they are more likely to pee or defecate on private property. The association will also have a more challenging time with cleaning and maintenance, as these strays can also relieve themselves in common areas.

In addition to this, some strays carry diseases. These diseases can be passed on to other animals (pets) and even humans . No one knows where these stray animals have been, so no one says how clean and healthy they are.

Property Destruction

When residents feed stray animals, they tend to remain in the community, hoping to get food, which increases the chances of property destruction. They may do it to lash out or gain attention if they want more food. Other times, it’s just in their nature to do so. Stray animals can damage fences, outdoor furniture, and the HOA’s property. Gardens and landscaping are particularly vulnerable to damage from strays.

Invites Other Pests

Stray animals tend to rummage through bins in search of food scraps. When they do this, they leave behind a mess of trash, with the bin usually tipped over. The resulting litter can attract other pests into the community. These include stray cats and dogs, raccoons, rodents, and insects.

Safety Hazard

Apart from possibly carrying diseases, stray animals can physically attack and injure others. They may also hurt residents, including small children. Stray cats and dogs might get into fights with homeowners’ pets.

Lowered Appeal and Property Value

It may seem silly to think of stray animals hurting property values, but it does happen. Fewer people will find it attractive when a community is overrun with stray animals. Before long, the massive population of stray animals can drag down the community’s appeal and property values. In addition to the above consequences, lower property values certainly won’t make homeowners happy. And, to think, all this came about just because a few residents decided to feed the strays.

What Homeowners Associations Can Do

While it’s not entirely possible to control the behavior of stray animals, there are some things an HOA board can do to handle the situation.

1 Establish a Complaint System

One of the first things an HOA board can do is establish a complaint system. Asking homeowners to report the stray animals they encounter will greatly help the association address the problem immediately and minimize strays in the community. When asking for complaints, make sure to get a detailed description of the stray animal, including where the homeowner spotted them.

2 Call Animal Control

Rarely is a homeowners association capable of dealing with stray animals hands-on. Most communities seek professional help, which is the best way to go if you have a problem with stray animals, especially if they are feral or dangerous. Your local government may have an animal control department that can wrangle the strays. If not, some private companies handle such problems for associations and individual homeowners.

3 Institute Repercussions to Discourage Feeding

Since feeding strays is a root cause, enacting a policy prohibiting this act may be worthwhile. Your HOA board may want to impose fines to enforce the policy and discourage feeders. However, it will depend on your governing documents. Of course, it is common for many councils to issue warnings first before slapping a homeowner with a fine. Encouraging owners to report a neighbor feeding stray animals is also a good idea.

Preventing Breeding in the Community

Stray animals in HOA communities present another problem — breeding. When a specific neighborhood accumulates many strays, they breed and produce more strays, exacerbating the problem and making it harder for an association to deal with. If you want to prevent this, your HOA board may want to encourage residents to participate in local TNR programs.

TNR stands for trap, neuter, and return. These programs offer primary medical care to stray cats, particularly to limit the local stray cat populace. The steps of such programs are pretty straightforward:

Trap – the cat is trapped humanely to proceed to the next step.

Neuter – also known as sterilization, male and female cats undergo a medical procedure that prevents them from breeding. The stray cats also receive primary veterinary care, such as vaccinations.

Return – the final step is to return the stray cat to where they were taken from.

While TNR programs don’t address the existing population of stray cats, they can significantly help reduce the number of stray cats in the future.

Taking Swift Action

The problem with stray animals in HOA communities may not seem too grave. However, as you can see, it can balloon into a much larger issue and cause other neighborhood problems. As such, HOA boards should take action, especially if the association is already experiencing a high volume of strays.

Handling community affairs can feel quite burdensome for a self-managed board. An HOA management company such as Condominium Associates can help with this. Contact us today!