Having the right employee join your association’s team is critical. Experience will tell you that the correct fit for your team is someone that will encourage teamwork and have a generally good attitude. While the staff is mostly selected by the agreed upon subcontractor or the management company, when it comes to hiring the manager, the Board usually gets involved in the selection process. The Board’s participation in interviewing potential employees should proceed only afte

What are homeowners entitled to expect from their association? Just as there are guidelines, laws, and procedures for Board Members, there are also a list of expectations all homeowners in a community association can expect. There are not only Rights, but also Responsibilities for each homeowner. These rights and responsibilities may or may not extend to all residents or guests of the household. For example, everyone including guests, is obligated to follow the rules and regu

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals

As directed by Congress in Section 207 of the Telecommunications Act of 1996, the Federal Communications Commission adopted the Over-the-Air Reception Devices (“OTARD”) rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), broadband radio service providers (formerly multichannel multipoint distribution service or MMDS), and television broadcast stations ("TVBS"). The rul

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA is divided into five titles (or sections) tha

There are many great benefits to communities when the membership participates proactively in its governance. Committees are groups of such engaged members that form part of the framework for the governance of an association. If your association has an active membership that participates in committees, chances are that these folks are great candidates to be board members in the future. Committee members get to experience the protocols for meetings and become accustomed to prop

The maintenance of the property is of the utmost importance. Timely repairs can avoid accidents and therefore unnecessary claims. Whether repair work is done in-house by the maintenance staff or contracted to an outside vendor, the level of risk for an item should mandate the speed (priority) at which it is resolved. Therefore, it is good to have your on-site maintenance personnel well equipped to handle what is within their job description. Along the same lines, it is very i

By Donny Morelock f CPR Painting and Restoration donny@cprpainting.net IMPORTANCE OF IDENTIFYING & FIXING A WATERPROOFING ISSUE EARLY What everyone needs to realize is that while Waterproofing is a preventative method of protecting your building, it is an ongoing process that must include both a proactive and a reactive building maintenance plan. With the harsh weather conditions Florida has; extremely high humidity for long periods of time; extreme sunlight which extracts mo

In continuing the topic of Risk Management, many of the board members, residents, and staff should know the assets on property and the current conditions thereof. Are there areas presenting a potential danger to others? Are sidewalks lifted from growing tree roots? What would a lawsuit stemming from one of these issues cost the association? Will your insurance cover the costs if it were to be discovered action was never taken to remedy a known problem? The association has man

Does your association have a proper risk management plan in place? Do your board members or committees know what to do when they notice a potential liability risk? Purpose of Risk Management Procedures The purpose of a risk management plan is to inventory the existing and potential risks. The risks will differ in the type of risk being analyzed. For example, a physical deficiency risk such as a wet floor, may cause a slip and fall accident. However, in an association there ar

Common Interest Communities have a name to protect. Trademark Infringement is the unauthorized use of a trademark or service mark on or in connection with goods and or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and or services. With technology having advanced so much and put tremendous resources at one’s fingertips, it is easy for someone to generate posts, groups, social media pages, or profiles that would depi

As we approach the one-year mark of social distancing and shutdowns due to the COVID-19 pandemic, vaccine rollouts are taking place across the country. We asked two community association law attorneys to answer frequently asked questions from board members and homeowners association residents: Can we require proof of vaccination from residents? Generally, community associations may not require residents to provide medical information. An association cannot compel a resident

Hiring or firing an employee. Associations must protect themselves from a bad hire and from possible discrimination claims or other accusations from fired employees. If the association is in an employment-at-will state, an employee can be terminated for any reason other than discrimination. However, there are myriad sensitive issues that must be addressed, including whether the personnel file properly documents employee infractions or other problems. If the association has an

Donna DiMaggio Berger | 01.11.2021 ArticlePublication Some boards only engage legal counsel when a situation has become dire. Others are overly cautious and all the attorney at the drop of a hat, but unusually high legal bills often lead to membership scrutiny. More often than not, however, boards don’t consult legal counsel enough. It’s a dangerous way to do business since every board action is viewed through a prism of reasonableness. Failing to obtain legal advice on subje

from attorneys Becker and Poliakoff Q: My homeowners’ association is trying to fine me over five thousand dollars (one hundred dollars per day) for an alleged violation of our documents. Is the board allowed to fine more than the one thousand dollars as listed in Florida Statute 720.305 if it’s authorized in the association documents? (G.H., via e-mail) A: The Florida Homeowners’ Association Act provides that a fine may not exceed one thousand dollars in the aggregate unless