Committees... Do you have them? Are they good for your community? In recent years, I have learned to direct Boards better in using their resources. I am better at delegating duties that other "want to" perform and assigning tasks that would otherwise slow me down in getting the results I seek. At an owners' association, Committees can be a fantastic asset for research, funding, activities, and better sense of community involvement. Here's a quick summary on COMMITTEES #commun
How to remove a problematic Board member. This is the most common request I receive. Usually the complaint stems from a director that is rude, arrogant, doesn't share information, and a plethora of other bad traits. can you get rid of them?
How do you get rid of them?
How did they get into their position?
Do they have support from other directors?
Does the majority of the membership support their actions? Listen to this 10 minute video and you may get the answers you seek.
Association managers and real estate agents interact on a near daily basis. Each one has their functions to perform. Many times, real estate agents feel they are hitting brick walls when dealing with homeowner associations. They don’t understand why their requests for documents and buyer approvals simply can’t be turned over quickly. Managers on the other hand, may ignore some of the agents’ requests because they are being “pushy” or have no right to some of the information.
If there is one character, I receive the most calls on, it’s this one. The calls come in quite often about the crazy board president that is ignoring everyone and is getting away with all sorts of crimes. The allegations are fierce and politics are usually at a boiling point. If you’ve lived in a community association for any length of time, you may have experienced this type of person at the helm of your community’s assets. If you live in Florida, especially South Florida, y
Most residents living in an association, with a barrier such as a gate, or a buffer such as a front desk staff, expect an increased level of security. While living in an association comes with many rules to follow and standards to be maintained, the level of service when it comes to security is expected to be more than the usual neighborhood. Those living in condominiums particularly, expect to be phoned or notified of a guest or vendor arriving to meet with them. In gated co
Transparency and immediate disclosure of information is one of the best ways to avoid doubts about transactions in associations. Management and Boards can easily provide most of the information on the association’s website. In Florida, effective in 2019, the following items must be posted on the association’s website (for condos with 150 or more units; but why not post it on smaller ones?): a. The recorded declaration and each amendment to each declaration. b. The recorded by
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
By Laura Otto on CAIonline.org How do homeowners associations foster community when having neighbors over for dinner or using the clubhouse cannot be done safely because of COVID-19? As residents look for safe ways to socialize, some are asking board members to allow propane-operated fire pits for outdoor enjoyment during the fall, spring, and summer seasons. “Fire pits are a hot commodity as they are being advertised by every big box store,” says Alan Goldberg, board preside
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 email@example.com 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