Central Florida Times | 3rd Quarter 2025

CENTRAL FLORIDA

CONTACT INFORMATION

P.O. Box 941125 Maitland, FL 32794 www.caicf.org

Justine Tucker, CED exdir@caicf.org

Membership Manager Tara Ruch membershipmanager@caicf.org

A Message from the Chapter Executive Director

What an incredible year it has been so far! We are beyond grateful for your continued support and enthusiasm. Thanks to you, our monthly luncheons have been selling out, a true reflection of the strong connections, education, and community spirit that define CAI Central Florida.

As we look ahead, we are filled with excitement for all that’s to come in 2026. From dynamic educational programs to engaging networking events, we are committed to building on this momentum and creating even more opportunities for growth, learning, and collaboration.

Your involvement is what makes this Chapter thrive. Together, we are shaping an inspiring future for our industry and our communities.

THANK YOU 2025 BOARD OF DIRECTORS!

Tracy Durham, CMCA, AMS, CFCAM, PCAM, President

Stefanie Nicholson, CMCA, AMS, Vice President

Jessica Cox, CMCA, AMS, Treasurer

Stacey Loureiro, CMCA, AMS, Secretary

Brian Jones, Past President

Joey Arroyo, LCAM

Patrick Burton

Jarad Pizzuti, Past President

Frank Ruggieri, Esq.

Jackie Swisher

Thank you for being such an important part of the CAI Central Florida family. Here’s to the rest of 2025 and an even brighter 2026 ahead!

With gratitude,

Justine

Justine Tucker Chapter Executive Director Central Florida Chapter CAI

If you are interested in getting more involved in the Chapter, joining a committee is a great thing to consider. Below are the different committees that we currently have active. Please feel free to contact any of the following committee chairs to learn more:

CA Day/Trade Show Committee

Christy Raymon

Don Asher & Associates christy@donasher.com

Joey Arroyo

Atmos Living joey.arroyo@atmoslivingmg.com

Cares Committee

John M. Calpey

One Florida Bank jcalpey@onefloridabank.com

Education Committee

Jessica Cox

Leland Management jcox@lelandmanagement.com

Events Committee

Mia Heflin

Exclusive Landscaping mheflin@exclusivelandscapingnow.com

Gala Committee

Joey Arroyo Atmos Living joey.arroyo@atmoslivingmg.com

Golf Tournament Committee

Michelle Lippai Advanced Roofing michellel@advancedroofing.com

Meet the Managers Committee

Anita Roberts

Premier Association Management anita.roberts@premiermgmtcfl.com

Membership Outreach

Brian Jones

Summit Broadband brianj.innovation@gmail.com

Social & Young Professional Committee

Patrick Burton Di Masi Burton P.A. pburton@orlando-law.com

FROM THE CHAPTER PRESIDENT

Finding Humanity in Difficult Times: A Call for Compassion in the Association Industry

BY TRACY DURHAM, CMCA, AMS, CFCAM, PCAM CEO, EDISON ASSOCIATION MANAGEMENT 2025 PRESIDENT, CENTRAL FLORIDA CHAPTER CAI

In recent months, America has once again been shaken by heartbreaking acts of violence—events that leave communities grieving, families fractured, and our collective spirit heavy with sorrow. It can be easy to become numb to the headlines or retreat into our own circles to seek safety and comfort. Yet for those of us who work within the association industry—an ecosystem built on community, connection, and shared purpose—these tragedies strike at the heart of what we do.

THE RIPPLE EFFECT OF VIOLENCE

Violence, no matter where it occurs, reverberates far beyond its immediate location. It can instill fear, erode trust, and deepen the divisions that already challenge our society. In the association world, where we serve diverse memberships representing countless viewpoints, these moments remind us how fragile our social fabric can feel. They also underscore how critical our role is in fostering environments where people feel seen, valued, and safe.

Associations are uniquely positioned as gathering places for ideas, advocacy, and progress. When the world feels fractured, our work can be an anchor—a reminder that unity is possible, even when opinions differ. But this requires intentional effort: creating spaces where dialogue is rooted in empathy, and where difference is not feared but respected.

RESPECTING DIFFERENCES

We live in a society that is increasingly polarized; our professional communities are not immune to this divide. Yet the mark of a mature and resilient organization is its ability to embrace differing views while preserving respect. Disagreement does not have to mean discord. Debate does not have to breed disdain. Each of us has a role to play in modeling this behavior—in boardrooms, at conferences, in our daily interactions. Listening without judgment, speaking with care, and challenging ideas rather than people are small but profound acts of respect. They affirm that even when we disagree, we still recognize each other’s humanity.

CHOOSING KINDNESS, ALWAYS

At the end of the day, before titles and roles and opinions, we are all human. That truth must remain at the center of how we work and how we treat one another. In moments when the world feels heavy, choosing kindness is not a sign of weakness—it is an act of courage. It is how healing begins, and how progress takes root. As leaders, colleagues, and community builders, we can honor the lives affected by violence not only through statements of sorrow, but through everyday actions of respect and compassion. In doing so, we affirm what binds us together is stronger than what sets us apart.

Landscape Management

CHAPTER EVENTS

2025-2026 Calendar of Events

More details regarding upcoming events will be posted to caicf.org under the “Events” tab. Check back regularly for the most up-to-date information. CAICF Board Meetings will be held before or after each of the Monthly Meetings. Please be sure to register for all events in advance, as we need an accurate head count for space and food purposes prior to the event. Thank you for your help!

• October 2, 2025: Spooky October Monthly Meeting

Luncheon: Legal Panel at The Great Southern Box Co. Food Hall & Bar in Orlando at 11:30 am with with Patrick Burton, Esq., Marlene Kirtland Kirian Esq. of Block & Scarpa, and Scott Kiernan, Esq. of Becker. Costumes encouraged! $100 gift card to someone who went “all out” in costume! Halloween-themed Mocktail! No walk-in attendees; registration is required.

• October 10, 2025: 15th Annual Golf Tournament at Hawk’s Landing Golf Club in Orlando. Join us for an exciting “bogey max” golfing experience where a maximum score is allowed on each hole. Sponsors arrive at 6:15 am. Player registration is at 7:00 am. Shotgun start at 8:00 am. A portion of the proceeds will benefit the local charity, The Mustard Seed of Central Florida. Awards for Longest Drive and Closest to the Pin, $5000 Putting Contest, and loads of raffle prizes! There will be Track Man, Golf Ball Cannon and more fun! Become a sponsor of this awesome event or register to play! Foursomes for members are $600. Non-member foursomes are $650. Please download the Hawk’s Landing Golf Club App for the day of event!

• October 17, 2025: Mustard Seed Volunteer Opportunity from 1:30 - 3:30 pm. Please wear closed-toe shoes. Kindly RSVP so we can gather a head count and fill out the Volunteer Application. Please click here to download the PDF of the Volunteer Application.

• November 20, 2025: Monthly Meeting: Benefits of Bulk Services CEU with Hotwire Communications at the Central

SPONSOR AN UPCOMING CHAPTER MEETING!

Florida Zoo & Botanical Gardens at 3:30 pm with Asian Lanterns after the meeting (includes meal). FREE for Manager Members (CAMs) & HOA Board Members/Homeowner Leader Members (HOLs); $45 for Business Partner Members. Be sure to list each attendee by name for a smooth check-in. No Walk-in Attendees; Registration is Required. CAMs/HOLs: No-shows and cancellations after November 18 at 3:00 pm will be billed $45. Please note: Refunds will only cover the ticket cost and will not include the processing fee.

• December 4, 2025: End of Year Luau Celebration at Paradise Cove in Orlando at 6:00 pm. Get ready to send off 2025 in true island style at the Chapter’s End of Year Luau & Annual Meeting at Paradise Cove – our most festive celebration of the year! We’re turning up the tropical vibes with a night full of unforgettable fun, networking, and appreciation for the amazing community we’ve built together. Here’s what we have in store: Scenic boat rides along the waterfront; Live steel drum music to set the island mood; Authentic luau dancers bringing the spirit of aloha to life; Tropical cocktails and island-inspired cuisine; and Games, giveaways, and plenty of photo ops. Sponsorships available!

• December 16, 2025: Brevard Holiday Social at Venue Rising Tide

• March 5, 2026: CA Day & Trade Show at the Marriott Orlando. More info coming soon!

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

CONTACT THE EXECUTIVE DIRECTOR AT EXDIR@CAICF.ORG

LOOKING FOR A SERVICE PROVIDER?

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

Truist Association Services has been enhancing the way property management companies and associations operate for over 35 years. Give us a call today to see how we can help with your payment processing and lending needs, or learn more at Truist.com/AssociationServices

Krissy Cassidy Relationship Manager 941-952-5919

Krissy.Cassidy@Truist.com

EDUCATION

Upcoming Workshops & Education Courses

COMMUNITY CONNECTIONS WORKSHOP SERIES

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

Legislative Updates

Saturday, October 11 from 9:00 - 11:00 am Internal Operations Center 1: 450 E. South Street, Orlando

In this workshop, participants will gain insight into the 2025 legislation updates that impact HOA and Condo associations. Attendees will also learn how to stay informed about upcoming bills and how to effectively advocate for their community’s interests. Click here to register on Eventbrite.

EDUCATION FOR MANAGERS

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

» October 9-10: M-205: Risk Management (Live Virtual Class)

» October 23-24: M-206: Financial Management (Virtual Class)

» October 29: The Nuisance Playbook: Tackling HOA Headaches Before They Escalate Webinar

» November 6-7: M-100: The Essentials of Community Association Management (Live Virtual Class)

» November 13-14: M-330: Advanced Insurance & Risk Management (Live Virtual Class)

» November 19: November Webinar (More details coming soon)

» November 20-21: M-202: Association Communications (Live Virtual Class)

» December 4-5: M-203: Community Leadership (Live Virtual Class)

» December 11-12: M-100: The Essentials of Community Association Management (Live Virtual Class)

» December 17: December Webinar (More details coming soon)

CAI EDUCATION

Stay on Top of Your Game with Professional Credentials

CAI education and credentials help you lead better and achieve your desired business results. Click here to learn more.

General Registration Information

CAI courses are open to all. Courses are offered in classroom and online formats. Register four weeks in advance for live classroom courses and receive a $25 discount. Seating is limited. Early registration is strongly recommended. Click here to learn more.

Business Partner Essentials

The Business Partner Essentials is an online course designed to help CAI-member product and service providers better understand CAI, community associations and the industry at large. Individuals who pass the course and maintain CAI membership earn the CAI Educated Business Partner member distinction. By taking this course, you will distinguish yourself as an Educated Business Partner and can share your accomplishment with your current and potential clients. Click here to learn more.

NEW CHAPTER MEMBERS

Welcome Members!

New and Returning CAICF Chapter Members from June 27, 2025 to September 23, 2025

NATIONAL BUSINESS PARTNER

MEMBERS

Association Prime powered by SouthState Bank

Melissa Spatafora

Smartwebs

Robert Holte

BUSINESS PARTNER MEMBERS

BELFOR Property Restoration, Inc.

Brent Dickson

Cadence Bank

Jennifer Eckes

CertaPro Painters Orlando-Space Coast

John Joseph Coleman

City National Bank of Florida

Shelby Benson

Community Broadband Consulting Group

Donna Arceneaux

Marksman Titan Security Group

Daniel Langlois

NV5, Inc

Suzanne Perkins

Reconstruction Experts, Inc.

Brent Adamczyk

Rolling Suds of Orlando

Christy Carter

Servbank

Michael Laskey

Servpro of Osceola County

Nick Girard

Sutter Roofing Company of Florida

Jonathan Santiago

BUSINESS PARTNER

MEMBERS CONT.

Tempest Roofing

Theodore Edward Conklin

The Sherwin Williams Company

Ruthie Dichamp

Verify Screening Solutions Inc.

Gabriella Prado

Yard-Nique

Mark Everitt

MANAGER MEMBERS

Melissa Romano Mallory

A.R. Choice Management, Inc

Neil Hutchinson, AMS, PCAM

Hilton Grand Vacations Company

RealManage

Eliott Aleman

Jennifer Lynn Belisle

Jamal Bentham

Gaston H. Correa

Summer Desouza

Megan Elizabeth Dolbow

Douglas Gilbert

Cheryl Hall

Edwin Hernandez

Elizabeth Hobock

Rene L. Kerber

Jonnie Kimball

William McFadden

Walter McGuigan

Joshua Pack

Rashaud Patrick

Pierre Rene

Kenny Rodriguez

Sheryl Rodriguez

Jacob Waddle

Keith Shelly

The Ashley Condominium

MANAGER MEMBERS

Natasha Staples

Towers Property Management, Inc.

Rebecca Cioci, CMCA

Lorelei Keshin Andrews, CMCA

Carlos J. Borrero

Madison E. Clark

Trudy L. Dunn

Roger C. Edwards, Jr.

Ryan Fernandes

Denise Plavetzky, CMCA

Erin L. Poirier, CMCA

Jesse Uribe

VOLUNTEER LEADER MEMBERS

Great Outdoors Premier RV Community Services, Inc.

Tom Wheir

Island Pointe Condominium Association

Cheryl Koser

On Top of the World (Central) Owners Association, Inc.

Bill Aman

Pat Day

Robert Domzalski

John English

Andy Scharein

Chuck Strickland

Mark Vivaronda

JOIN THE CENTRAL FL CHAPTER! Visit caicf.org/resources/membership to learn more!

MANAGERS - JULY 10, 2025

MANAGERS - JULY 10, 2025

We Are Castle Group

The premier choice for property management, we specialize in serving the finest residential communities With over 3,000+ dedicated team members, we are the preferred service provider for over 500+ associations Our philosophy stays the same no matter where we are –putting the resident first At Castle, we call it Royal Service® To learn more about how Castle Group can serve your community, request a proposal at www castlegroup com/request-a-proposal

2025 CAI Congressional Advocacy Summit - Registration Launched!

CAI is thrilled to host our annual CAI Congressional Advocacy Summit on Capitol Hill in Washington, D.C. on Thursday, November 6th! This exciting event is exclusively for CAI members and is free. Together, we will meet with members of Congress and their staff, advocate for industry federal legislative priorities, and represent the interests of community associations and their residents nationwide.

CAI’s 2025 Congressional Advocacy Summit is the premier advocacy event of the year for the community association housing model! Informative and inspirational, the CAI Congressional Advocacy Summit is your chance to speak with federal lawmakers and their staff face-to-face and help advance CAI’s public policy priorities.

Participants will also witness expert presentations on a variety of critical topics influencing the community association industry and network with their peers and business partners.

Join us on November 6, 2025 in the nation’s capital. You won’t want to miss it! Registration is FREE and includes:

» Admission to catered Breakfast Briefing

» Bus transportation from The Canopy Hilton to Capitol Hill

» Meetings scheduled with your members of Congress

» Guidance and support from CAI staff

» Bus transportation from Capitol Hill to rooftop reception at Cornerstone Lobbyist Headquarters

» Admission to celebratory catered rooftop reception at Cornerstone Lobbyist Headquarters

TENTATIVE 2025 CONGRESSIONAL ADVOCACY SUMMIT SCHEDULE

» 7:30 - 8:00 am: Bus to Capitol Hill

» 8:00 - 8:15 am: Pictures on Capitol Hill

» 8:30 – 10:00 am: Breakfast Briefing

» 10:00 am - 12:30 pm: Meetings with House of Representatives

» 12:30 - 1:30 pm: Lunch

» 1:30 - 4:00 pm: Meetings with Senate

» 4:00 - 4:30 pm: Transportation to The Wharf

» 4:30 - 6:00 pm: Rooftop Reception and Debrief

For those joining CAI from out of town, a limited number of sleeping rooms has been booked at The Canopy by Hilton Washington, DC | The Wharf (975 7th Street SW, Washington, DC 20024 - (202) 4882500). Click here for more information and to REGISTER.

SELF-IMPROVMENT

ODangers of Presumption

BY BETSY BARBIEUX, CAM, CFCAM, CMCA, FLORIDA CAM SCHOOLS

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

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

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

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

anxiety. Presuming motives leads to misunderstanding, conflicts, and irreparable damage to relationships.

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

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

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

Some of you will remember the old TV show, Dragnet and Joe

Continued on page 19

Friday’s famous line. “Just the facts ma’am, just the facts.” He did not want your opinions.

Generalizations can include presumption and exaggeration. Listen to yourself and count how many you make in a day. Examples are: “You always….” “They are all….” “You never….” “You should have known that I meant….” “You only say that because….”

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

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

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

you in a difficult position for moving ahead. Jumping to conclusions about the future is also unproductive.

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

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

The Lawyers You Want On Your Side Anywhere In Florida

Financial & Structural Risk Mitigation for Community Associations

BY SACHIN MEHROTRA, ASSOCIATION LENDING SERVICES

Condominium and homeowner associations (HOAs) face significant financial and structural risks, particularly when undertaking major capital projects. Unmanaged risks can lead to financial distress, decreased property values, and even forced unit sales. The following details are actionable strategies to mitigate these risks and ensure long-term stability and building safety.

1. IMMEDIATE LARGE SPECIAL ASSESSMENTS FOR CAPITAL PROJECTS

» Problem: Large special assessments can create significant financial hardship for unit owners, potentially leading to defaults, foreclosures, and forced sales.

» Solution: Utilize association loans as the primary funding mechanism for capital projects.

» Actionable Steps:

• Conduct a comprehensive capital needs assessment: Engage qualified engineers and contractors to evaluate current infrastructure and project future needs (e.g., roof replacements, concrete repairs, HVAC system

upgrades). Document findings with detailed cost estimates.

• Develop a long-term financial plan: Project future income and expenses, including loan repayment schedules, for at least 10 years. Model various loan scenarios (different interest rates, loan terms) to determine the most financially viable option.

• Discuss loan options with unit owners: Clearly communicate the benefits of association loans compared to immediate special assessments. Provide detailed information on loan terms, monthly payments, and the project scope.

• Implement a transparent loan management process: Establish clear procedures for loan disbursement, repayment, and financial reporting. Provide regular updates to unit owners on the project’s progress and loan status.

Continued on page 22

RISK MANAGEMENT

2. UNEXPECTED COLLECTIONS AND DELINQUENCY ISSUES

» Problem: Special assessments can strain unit owners’ finances, increasing the risk of defaults and foreclosures. Unintended consequences resulting from unflexible payment demands can create significant viability issues.

» Solution: Structured loan repayments to minimize financial burden on homeowners.

» Actionable Steps:

• Negotiate flexible loan terms: Seek loan options with reasonably longer repayment periods to reduce monthly payments. Explore options for tiered repayment schedules that gradually increase payments over time.

• Offer multiple payment options: Provide unit owners with various payment methods (e.g., electronic payments, automatic drafts, check payments) to enhance convenience, reduce collections cost and encourage timely payments.

• Implement a proactive communication strategy: Regularly communicate with unit owners about the project’s financial implications and the benefits of the chosen financing approach. Address any concerns promptly and transparently.

3. ISSUES AND DELAYS DUE TO NON-EXPERT COLLABORATION

» Problem: Unfavorable terms from any vendor can significantly increase total costs and strain the association’s finances.

» Solution: Engage well experienced and independent financial, legal, and building professionals to represent you and get the best possible results.

» Actionable Steps:

• Consult with a well experienced independent lending professional specializing in HOA financing: Leverage their expertise to evaluate loan options, negotiate

interest rates, and understand all loan stipulations and covenants.

• Engage legal counsel: Review all loan documents with an attorney specializing in real estate and HOA law to ensure the terms are fair and protect the association’s interests.

• Engage Certified Public Accountants: Having the right financials from the get-go, especially on larger projects is extremely necessary, so keep the big picture in mind and save time and expense by collaborating with these professionals timely.

4. COST OVERRUNS DUE TO LACK OF DETAILED PROJECT SPECIFICATIONS

» Problem: Fluctuating construction costs can lead to budget overruns and project delays.

» Solution: Secure contractor bids and lock in rates early in the project planning process.

» Actionable Steps:

• Develop detailed project specifications: Clearly define the scope of work, materials, and performance standards. This will help contractors provide accurate bids.

• Solicit bids from multiple qualified contractors: Obtain at least three bids, especially for major projects. Evaluate contractors based on their experience, reputation, and bid price.

• Negotiate contract terms and lock in rates: Once a contractor is selected, negotiate a fixed-price contract to protect against cost increases. Ensure the contract includes clear timelines and proper insurance coverage.

5. IMPACT ON PROPERTY VALUES DUE TO DEFERRED MAINTENANCE AND REPAIRS

» Problem: Deferred maintenance can lead to property deterioration and decreased property values.

» Solution: Prioritize necessary repairs and maintenance to preserve property values.

» Actionable Steps:

• Develop a comprehensive maintenance plan: Schedule regular inspections and maintenance for all building systems (e.g., roofing, plumbing, electrical).

• Fund preventative maintenance: Allocate funds in the budget for preventative maintenance to extend the lifespan of building components and avoid costly repairs down the road.

• Address repairs promptly: Do not delay necessary repairs. Address issues as soon as they are identified to prevent further damage and increased costs.

Continued on page 23

RISK MANAGEMENT

6. UNEXPECTED EVENTS & FUTURE EMERGENCIES

» Problem: Unexpected events can strain the association’s finances and necessitate special assessments.

» Solution: Establish reserve funds and explore supplemental insurance options.

» Actionable Steps:

• Conduct a reserve study: Engage a qualified professional to assess the association’s reserve needs. The study should project future repair and replacement costs for major building components.

• Develop a reserve funding plan: Establish a plan to gradually build up the reserve fund to meet projected needs.

• Explore supplemental insurance: Consider purchasing additional insurance coverage (e.g., flood insurance, earthquake insurance) to protect against unforeseen events.

By implementing these technical and actionable strategies, community associations can effectively mitigate financial and structural risks, ensure long-term stability, protect property values, and avoid the urgent needs for burdensome special assessments.

Proactive financial planning and expert collaboration are crucial for successful project execution and the preservation of community assets.

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

What’s Going On? The Perfect Storm and Condo 4.0 (HB 913; Chapter 2015-175)

BY SHAYLA JOHNSON MOUNT, ESQ., LOWNDES

This article is the first in a series examining the legal and practical challenges of condominium terminations in Florida. The series will address the following questions: What is a condominium termination and are theredifferent types of termination? What is required to terminate a condominium and does the current process inChapter 718, F.S. override the process in the original (or amended) declaration, if different? How much doesa termination cost and how long does it take? What are the risks and benefi ts of condominium terminationfor individual owners? What are the roles and responsibilities of the board of directors and managementcompanies in the termination process? And perhaps, most importantly, what happens after termination?

After a contentious and eventful legislative session, Florida Governor Ron DeSantis executed CS/CS/HB 913 (Chapter 2015-175), a.k.a. “Condo 4.0,” just one day before the 4-year anniversary of the tragic Surfside Condominium collapse. Every year since Surfside, state lawmakers, condominium boards, local code enforcement, management companies, insurance and financial institutions and condominium unit owners have all struggled to understand, implement and adapt to the rapidly changing laws and regulations aimed at improving building safety, information transparency and condominium association operations.

While some associations will certainly benefit from the reforms in Condo 4.0, there are others that may be better served to consider a

different path in dealing with substantially increased operating and reserve costs associated with condominium ownership – that is, the total or partial termination of the condominium form of ownership (Chapter 718.117, F.S.).

Condominium termination, or the unwinding of the condominium form of ownership such that each condominium unit is no longer individually owned but conveyed in fee simple to a single owner (the termination trustee who then sells to a buyer), has always been a “nuclear option” contained in nearly all original condominium declarations since the 1970s. The first statutory provisions regulating condominium terminations was enacted in 1963 and have been periodically and substantively amended by the legislature ever since. In some cases, the legislative changes have varied drastically from the original (or amended) contractual termination provisions contained in a given condominium declaration. These differences have created confusion, and a body of litigation to go with it, related to the proper procedure for terminating a condominium in accordance with current law while respecting pre-existing contractual rights. See Tropicana Condo. Ass’n, Inc. v. Tropical Condo., LLC, 208 So. 3d 755 (Fla. 3d DCA 2016) (holding that certain changes to Chapter 718.117, F.S. cannot be applied retroactively because it would unconstitutionally impair the pre-existing contractual rights of the unit owners provided in the declaration).

Continued on page 26

CONDO TERMINATIONS

Responding to Surfside, the legislature imposed statewide Milestone or “recertification” requirements on certain residential condominium and cooperative buildings1. Additionally, new reserve funding requirements have increased the amount and list of components2 required to be included in the annual reserve budget for all residential condominiums. The dual cost of immediate milestone repairs and increased reserve funding have placed recent strain on condo owners statewide. The following additional factors have also led to increased financial pressures on the Florida condominium market:

» Insurance Costs and Carrier Unavailability – The increased frequency and severity of casualty events in Florida, including hurricane, flooding and extreme wind events, have forced private insurance carriers away from the Florida market, generally, and from insuring residential condominiums, specifically. In recent years, Florida’s statefunded carrier, Citizens Property Insurance, has offered a minimum level of insurance coverage for condominiums however, this coverage has mostly been insufficient to adequately insure the condominium property at the level required by Section 718.111(11), F.S. This results in the association paying high premiums with high deductibles for very little coverage.

» Inflation – Rising inflation has increased operational costs, including utility, maintenance, and management expenses, driving up the amount of regular annual assessments.

» Increased Casualty Events – Even if an association has obtained affordable coverage, the unanticipated financial exposure of certain recent casualty events have led to insurance claim denials and/or non-renewals despite no prior history of paid claims and strict compliance with the policy’s terms and conditions.

» Engineered Life Safety System (“ELSS”) Opt-Out Moratorium Expiration and Increased Building Code Enforcement – Some condominiums not yet subject to the Milestone inspection have faced recent unexpected notices of municipal code violations which often require immediate attention. Section 718.112(2)(n), F.S. requires every condominium association to ensure compliance with the Florida Fire Prevention Code, including, but not limited to the retrofitting of the condominium’s fire sprinkler system and other engineered life safety systems (i.e.: smoke detectors and alarm systems). Florida condominiums originally had until 2016 (later extended to 2019) to take a vote of the membership to “opt out” of the ELSS retrofitting requirements. For those associations that did not, the statute prevented local law enforcement from requiring ELSS

retrofitting compliance before January 1, 2024. Since the enforcement moratorium has lifted, local fire marshals have actively and aggressively inspected and enforced against condominium buildings that are not in compliance with the Florida Fire Prevention Code. In some cases, while conducting an ELSS inspection, the enforcement officer may also cite other obvious violations over which the association may not have had previous notice and/or the primary obligation to maintain or repair based on the condominium declaration’s specific maintenance provisions (ie: limited common element balcony or lanai in which individual unit owners are responsible for maintenance).

As the saying goes, drastic times call for drastic measures – and for some condo owners, there is no more drastic a measure than the permanent termination of the condominium form of ownership over their property. Recent legislative fixes will provide some relief to many associations such as allowing for the “prudent” investment of reserves and authorizing lines of credit and loans to help meet new funding requirements. However, for others, the best path forward may be the “road less traveled.”

1 Per Section 553.899(3)(a), F.S. (2025), a building that is three habitable stories and has reached 30 years of age before July 1, 2022, must have completed its initial milestone inspection before December 31, 2024. If a building reaches 30 years of age on or after July 1, 2022, and before December 31, 2024, the building’s initial milestone inspection must be performed before December 31, 2025. HB 913 now also requires each municipal governing body to adopt a local ordinance regulating the scheduling and commencement of the milestone phase two inspection report.

2 Structural components that must now be funded in accordance with a structural integrity reserve study (at least every 10 years) are as follows: Roof, Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s. 627.706., Fireproofing and fire protection systems; Plumbing; Electrical systems; Waterproofing and exterior painting; Windows and exterior doors. See s. 718.112(2)(g), F.S.

Shayla Johnson Mount is an attorney at Lowndes, where she focuses her practice on real property law,community association law, contracts, covenant enforcement, and corporate governance. She is one offewer than 0.2% of Florida attorneys who are Florida Bar Board Certifi ed in Condominium and PlannedDevelopment Law, bringing specialized expertise to the complex legal challenges faced by communityassociations and property owners.

Training Your Trees for Year-Round Health, Strength, and Safety

BY DANI KELLER, ISA CERTIFIED ARBORIST, TREE WORK NOW

In Central Florida, our trees grow and face challenges all year long. From the intense summer sun and heavy rains to fall storm fronts and the occasional winter cold snap, our climate tests the health and stability of every tree. The best way to help them thrive—and keep people and property safe—is through proper training and structural pruning.

WHY TRAINING YOUR TREES MATTERS

A tree that’s been pruned correctly from a young age will grow with strong branch structure, balanced weight distribution, and fewer structural weaknesses. This means fewer limb failures in high winds, better resistance to pests and disease, and a longer, healthier life. Think of it as “preventative care” for your trees—an investment that pays off every season.

YEAR-ROUND BENEFITS OF PROPER PRUNING

• Summer Growth Control: Proper pruning improves air flow and light penetration, helping reduce fungal issues and allowing summer growth to develop strong, well-placed limbs.

• Storm Resilience: Structurally sound trees are better equipped to withstand tropical storms, hurricanes, and the sudden gusts from summer thunderstorms.

• Fall Stability: As hurricane season winds down, fall pruning can address damaged branches before they become hazards during the drier, windy months.

• Winter & Spring Readiness: Removing dead or diseased wood during the cooler months minimizes pest and disease problems before the spring growth flush.

BEST REGIONAL PRACTICES FOR TREE TRAINING

1. Start Early: The first 3–5 years are critical. Train a single

central leader and well-spaced lateral branches for long-term strength.

2. Prune with Purpose: Remove crossing, rubbing, or competing branches before they become larger hazards.

3. Time It Right: In Florida, light corrective pruning can be done year-round, but structural pruning is best in late winter or early spring to reduce stress and encourage strong growth.

4. Avoid Over-Pruning: Remove no more than 25% of the canopy annually to maintain healthy energy reserves.

5. Work with a Professional: ISA Certified Arborists follow industry standards to ensure pruning improves both safety and health.

HEALTHY TREES = SAFER PROPERTIES

Well-trained trees are less likely to fail in storms, shed dangerous limbs, or require emergency removal. By maintaining proper structure year-round—not just before hurricane season—you’re helping your trees stay healthier, safer, and more beautiful for decades to come.

Dani Keller is an ISA Certified Arborist and Chief Operations Officer at Tree Work Now. With over 15 years of hands-onexperience caring for Central Florida’s trees, Dani combines technical expertise with a passion for helping homeownersmaintain healthy, beautiful, and storm-resilient trees.

CRIME PREVENTION

EFlorida Condominium Associations: Your Guide to CPTED Compliance

BY NEGAR SHARIFI, SENIOR VICE PRESIDENT, ASSUREDPARTNERS, INC.

nsuring the safety and security of your condominium property is not just responsible—it’s also a legal requirement under the Florida CPTED (Crime Prevention Through Environmental Design) law. Compliance with this law isn’t just about meeting regulations; it’s about creating a safer, more comfortable community for your residents. Here’s how your association can take the right steps toward CPTED compliance and improve property security.

UNDERSTAND THE FUNDAMENTALS OF CPTED

CPTED principles focus on designing environments to naturally deter crime. Start by addressing the basics:

• Natural Surveillance: Increase visibility across the property with good lighting and clear sightlines. This discourages unwanted behavior.

• Territorial Reinforcement: Define property boundaries with landscaping, fences, or signage that creates a sense of ownership and discourages trespassing.

• Access Control: Limit entry points to control who comes and goes.

• Maintenance: A well-maintained property sends a clear message that it’s managed and cared for, which can deter criminal activity.

CONDUCT A CPTED ASSESSMENT

Hire a certified CPTED professional to evaluate your property. They’ll identify potential vulnerabilities, assess existing security measures, and provide actionable recommendations tailored to your

unique needs. This assessment forms the foundation for effective compliance.

UPGRADE SECURITY FEATURES

Invest in key security improvements, such as:

• Lighting: Ensure all common areas—like parking lots, walkways, and entrances—are well-lit to eliminate dark spots that could foster criminal activity.

• Surveillance: Position security cameras in strategic locations to monitor high-traffic areas and deter crime.

• Access Control: Implement tools like gated entry systems, key fobs, or electronic access control for added security.

• Signage: Use clear, visible signs to denote private property, reinforce security measures, and provide emergency contact information.

DEVELOP A COMPREHENSIVE SECURITY PLAN

Create a written security plan that outlines your CPTED compliance efforts. This plan should include everything from routine maintenance schedules to procedures for managing access control and lighting systems. Think of this as your roadmap to staying compliant and organized.

EDUCATE STAFF AND RESIDENTS

Train your property’s management team, security personnel, and residents on the importance of CPTED principles. Encourage

Continued on page 31

everyone to remain vigilant, report suspicious activity, and actively participate in fostering a secure living environment.

REGULAR MAINTENANCE AND INSPECTIONS

Security isn’t a “set it and forget it” task. Consistently inspect critical elements like lighting, cameras, and access control systems to ensure everything remains in working order. Periodic updates to the security plan help adapt to new challenges or changes.

KEEP DOCUMENTATION IN ORDER

Maintain detailed records of your CPTED assessments, implemented upgrades, and ongoing efforts. This documentation not only demonstrates compliance but also minimizes liability risks.

ENJOY THE BENEFITS OF CPTED COMPLIANCE

By following these steps, you’re doing more than satisfying a legal requirement. You’re fostering a safe, welcoming community where residents feel secure, all while reducing liability risks for your association. Proactive CPTED compliance is an investment in both property safety and peace of mind. Additionally, in the near future, insurance carriers are expected to require proof of CPTED compliance as a condition for obtaining insurance coverage, making early action even more important for associations.

CRIME PREVENTION

Is your property ready to meet Florida’s CPTED standards? Start today by booking a professional assessment and taking the first steps toward a safer community!

Negar graduated from the University of Florida with a Bachelor’s of Science in Accounting. Her first job out of college was within the Audit Department at Deloitte & Touche. During her time there she worked within the Timeshare/Hotel/ ”Property” sector of Accounting. In 2008 Negar decided to leave accounting behind and learn more about insurance. Since then, some of her accomplishments have included: Insurance Agent for Approximately $7 Billion in total Property Values throughout the State of Florida; Insurance Journal’s 2018 Agent of the Year; Community Association Institute (CAI) Central Florida Chapter Board Member from 2008-Current; CEU Certified Instructor for the Florida Property Manager License; Past President of a Central Florida Townhome Homeowners Association (6 years); and Mother of three boisterous children (Daniel - 11, Surina - 9, Sebastian - 5).

Defective Stormwater Systems: A Hidden Threat to Your Community and Neighbors

BY JACK TAYLOR, ESQ, BCS, MORGAN & MORGAN, P.A.

THE GROWING PROBLEM

Florida’s rapid development has led to an alarming increase in flooding issues caused by defective stormwater management systems within planned communities. What many community association boards do not realize is that poorly designed or maintained retention ponds, swales, and drainage infrastructure can create significant legal and financial liability, not just for property damage within the community, but for flooding that extends beyond community boundaries onto adjacent private properties.

HOW DEFECTIVE SYSTEMS CAUSE EXTERNAL FLOODING

When retention ponds are undersized, improperly graded, or inadequately maintained, they fail to contain stormwater as designed. Common defects include

» Undersized retention capacity that cannot handle design storm events

» Blocked or deteriorated outfall structures** that prevent proper drainage

» Sediment accumulation reducing pond capacity by 30-50%

» Damaged control structures that fail to regulate water release

» Improper grading that redirects water flow off-site

These failures often result in water overflowing community boundaries, flooding neighboring residential properties, businesses, or agricultural lands. The consequences extend far beyond temporary inconvenience—they can cause foundation damage, mold contamination, crop destruction, and substantial economic losses to innocent third parties.

LEGAL EXPOSURE UNDER FLORIDA LAW

Communities face multiple liability theories when their stormwater systems cause off-site flooding:

Nuisance Claims: Under Florida common law, any use of property that substantially interferes with a neighbor’s reasonable use and

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STORMWATER

enjoyment constitutes a private nuisance. Recurring flooding from defective community infrastructure clearly meets this standard.

Trespass: The intentional or negligent discharge of water onto adjacent property constitutes trespass, regardless of whether the community “intended” the flooding.

Negligence: Communities have a duty to maintain their stormwater infrastructure with reasonable care. Failure to inspect, repair, or upgrade systems that cause foreseeable harm to others creates negligence liability.

DEVELOPER RESPONSIBILITY IN NEWER COMMUNITIES

For communities under seven years old, original developers may remain liable under Florida Statute §558 for construction defects in stormwater infrastructure. This includes faulty pond design, improper grading, inadequate capacity calculations, or substandard construction materials. The developer’s liability extends not only to damage within the community, but also to third-party flooding caused by their defective work. Communities should preserve claims against developers through proper §558.004 notice procedures before the statutory limitations period expires.

Florida courts have consistently held that property owners cannot escape liability by claiming their stormwater system was “approved” by local government or met original design standards. The Florida Supreme Court has established that compliance with building codes provides evidence of reasonableness but does not automatically shield defendants from liability when their actions cause water damage to neighbors.

THREE-STEP ACTION PLAN

Step 1: Conduct Immediate Assessment and Preserve Developer Claims

Hire a qualified stormwater engineer to evaluate your entire drainage system within 90 days. For communities under seven years old, this assessment is critical for identifying potential construction defects. The evaluation should include:

» Retention pond capacity analysis compared to original design specifications

» Comparison of as-built conditions versus approved engineering plans

» Inspection of all outfall structures, control devices, and drainage pipes

» Sediment depth measurements and removal recommendations

» Identification of any off-site discharge points or potential overflow areas

» Documentation of any design or construction defects for potential developer claims

Step 2: Implement Preventive Maintenance and Legal Compliance Program

Establish a documented maintenance schedule with your service provider while preserving legal rights:

» Semi-annual pond inspections and sediment removal as needed

» Monthly cleaning of inlets, outlets, and control structures

» Annual vegetation management to prevent blockages

» Post-storm damage assessments and immediate repairs

» Documentation of all maintenance activities

For newer communities: Consult legal counsel about serving §558.004 notice on developers for any identified defects before warranty periods expire

Step 3: Review Insurance Coverage and Comprehensive Legal Protections

Work with qualified insurance and legal counsel to:

» Verify your general liability policy covers water damage claims from neighbors

» Consider umbrella coverage for catastrophic flooding events

» Establish emergency response protocols for major storm event

» Create incident documentation procedures for any off-site water issues

» Review governing documents to ensure proper authority for necessary infrastructure improvements

» Preserve developer warranties and statutory remedies through proper notice and documentation procedures

Taking proactive steps now protects both your community’s financial interests and maintains good neighbor relationships. The cost of prevention is always less than the cost of litigation and damage claims—and for newer communities, prompt action may allow recovery of repair costs from the original developer.

Jack Taylor is a construction attorney at Morgan & Morgan, representing condominium and homeowners’ associations in complex defect litigation. With a background in engineering, real estate, and project management, Jack brings strategic clarity to cases involving stormwater failures and other construction defects. He leads a precisionfocused litigation team, working closely with experts and association boards to deliver hands-on legal strategy from pre-suit notices through trial—protecting communities and property investments across Central Florida.

Escaping the Landscape Budget Blackhole: A Smarter Approach to Landscape Maintenance for HOAs and Large Commercial Properties

BY JACK GILLESPIE, DIRECTOR OF BUSINESS DEVELOPMENT, DUVAL LANDSCAPE MAINTENANCE

After years of developing and managing landscape maintenance contracts across Central Florida, I’ve recognized a costly pattern: the year begins with a solid, approved budget, and by quarter three, it unravels.

Why? Often it starts with underbidding—a vendor secures the contract with a price that looks good on paper but doesn’t reflect the true service requirements. The result is predictable: sparse crew sizes, emergency irrigation repairs, unplanned plant replacements, and seasonal services that double in price. Everyone—from managers to board members to vendors—is left explaining shortfalls. This is the “landscape budget black hole.”

“73% of property managers say they’ve been forced to approve unplanned landscape expenses due to incomplete scopes or vague contract terms.” — IFMA

WHY IT HAPPENS: A BROKEN BID SELECTION MODEL

In most cases, the issue isn’t effort, but structure. The traditional model suffers from recurring flaws:

• Underbidding: Lowball bids win contracts, then vendors make up the difference through upcharges.

• Vague Scopes of Work: Generic contract language fails to tie tasks to measurable outcomes.

• No Calendar-Based Planning: Without a structured frequency calendar, services become reactive.

Continued on page

Pavement Overlaying - and What to Check Before You Overlay

BY MONTJE S. PLANK, P.E., CENTRAL FLORIDA ENGINEERING CONSULTANTS, LLC

MILLING AND OVERLAYING ASPHALT PAVEMENT

When it’s time to rebuild community roadways, it pays to do it right. The most common and very applicable to rebuilding the roads, approach is a Mill and Overlay process.

• Overlaying means placing a new layer of asphalt over existing paved roads, replacing the worn “wearing surface.”

• Milling is the process of using specialized equipment to remove some—or all—of the existing asphalt before the new surface is placed.

The success of this work depends on choosing the right asphalt type, the correct milling plan, and well-prepared project specifications— not just leaving the details for the paving contractor to “fill in the blanks.”

ASPHALT SELECTION MATTERS

Modern asphalt mixes have become more standardized across the country, with “Superpave” being the most common choice. Superpave mixes typically include Recycled Asphalt Pavement (RAP), and some jurisdictions limit RAP content to 30% for durability. A lowRAP mix is often a superior option for overlays.

Most community roadways are built with a 1–1.5 inch SP 9.5 asphalt wearing surface, as dictated by local specifications. Often, a 1-inch

compacted overlay is sufficient, but problem areas may require additional evaluation.

OTHER KEY OVERLAY CONSIDERATIONS

• Milling depth – It’s not always necessary to remove the entire asphalt layer; partial milling may be appropriate.

• Manhole and valve adjustments – These should be raised or lowered to match the new pavement height to prevent jolts to vehicles.

• Pavement markings – Replace striping with the correct thermoplastic or durable paint. Temporary stop bars and crosswalks should be in place immediately after paving for safety until the permanent markings are applied.

BEFORE YOU MILL AND PAVE - CHECK THE UNDERLYING

ISSUES

A fresh asphalt surface will not last long if underlying problems remain unaddressed.

Prior to Award the Work Contract - inspect and include correct remediations within the overlay work award contract.

• When subsurface or pavement structure defects are determined to be issues necessitating professional

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PAVEMENT

evaluation, a geotechnical engineer should be engaged to take corings and test the existing pavement. Some roads may require strengthening or partial rebuilding, which is most cost-effective if addressed during the overlay project— but determined beforehand. The Geotechnical Engineer’s study and testing also guides the Association and contractors in what to expect as to asphalt thickness, important to the milling process, and more. This study can determine the insufficiency and aid in determining the causes of inferior subgrade manifestations.

• Restore insufficient compacted utility trench backfill; or other unstable soils should be repaired before overlaying.

• Restore any underlying and failing (leaking or collapsing) utilities and drainage stormwater structures.

• Restore or replace failing underdrains. IF the drains are leaking, it can cause soil movement, sinkholes, or premature cracking.

• Remediate Curb and gutter conditions – Cracked or uplifted curbs (often from tree roots) can create ponding and drainage problems. Replace damaged sections before paving and

ensure proper slope for water runoff. Remove problem roots as needed. Considerable importance to replace curb and gutter, is to include replacement of curbs so as to drain!

THE BOTTOM LINE

The original construction quality of your roadways plays a big role in how long they last—both the initial build and any overlay work. Proper scoping, accurate specifications, and pavement testing are key to ensuring a long-lasting, high-quality roadway. Addressing supporting infrastructure at the same time helps protect your investment. With thorough preparation and a qualified contractor, your community should enjoy smooth, durable roads for 15 years or more.

Montje S. Plank, P.E., is a practicing Professional Engineer and Construction Manager with nearly 40 years of experience. He is a graduate of the University of Florida. For more information, visit www.floridaeng. com, email Montje at mplank@floridaeng.com or call 407-599-7010.

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VIRTUAL MEETINGS

Mastering the Virtual Annual Meeting: A Survival Guide for Boards & Managers

BY MARK DIPINTO, MARKETING MANAGER, GETQUORUM

So, you want to hold a virtual Annual Meeting? When executed correctly, a virtual Annual Meeting can be rewarding for communities and owners alike, providing a more secure, flexible and enhanced meeting experience for all parties involved.

But how do you ensure that your upcoming meeting runs without a hitch from start to finish? To help you out, here are some helpful tips and tricks for running a successful virtual Annual Meeting as a Florida Community Association.

DISTRIBUTE MEETING NOTICES AND COMMUNICATE WITH MEMBERS EARLY

Distributing meeting notices, meeting materials and communicating other key information is the first and arguably the most important step in your virtual Annual Meeting journey.

To ensure maximum participation and a seamless meeting from start to finish, it is essential to communicate key details about your upcoming meeting early and utilize technology to provide members with meeting notices, registration cards, and other meeting materials on time and in accordance with legislative and bylaw requirements.

CHOOSING THE RIGHT PLATFORM

As we know, Florida communities, especially HOAs, have many unique requirements that must be accounted for during their Annual Meetings. From the ability to clearly identify who’s in attendance at

your meeting to taking nominations from the floor and conducting live voting, while accounting for unique requirements and advance ballots submitted before the meeting, these factors must be accounted for when conducting an Annual Meeting, especially during voting, to ensure accurate results. This is why selecting an electronic voting and virtual meeting platform equipped with a feature set that can accommodate the dynamic nature of Florida Condominium and HOA Annual Meetings is integral to the success of your meeting.

SECURITY SHOULD BE A TOP PRIORITY

Any experienced Property Manager or Board Member knows that keeping owner data secure and anonymous must be a top priority, especially when it comes to voting. Failing to keep owner data secure not only breaks the trust between management and the ownership group but can also have a catastrophic impact on the legitimacy of your elections and corresponding results, which can significantly impact the operations of the community.

This emphasis on voter security and ballot secrecy has significantly contributed to why many communities across Florida have transitioned to a virtual meeting format and adopted electronic voting in recent years. And this is why choosing a platform equipped with advanced security features is crucial for preventing potential result tampering and ensuring voter data is secure and auditable.

Continued on page 43

VIRTUAL MEETINGS

REHEARSE, REHEARSE, REHEARSE

Before the date of your meeting, you should always hold a dress rehearsal. Commonly overlooked and significantly underrated, dress rehearsals aren’t only a great time to practice your meeting script but also an opportunity to iron out any technical difficulties and ensure everyone involved understands their role and responsibilities throughout the meeting to ensure your meeting runs smoothly from start to finish.

BE PREPARED TO RESOLVE TECHNICAL ISSUES QUICKLY

Technical difficulties are bound to arise from time to time. However, failing to resolve these issues quickly can negatively impact the attendee experience and can be catastrophic to the success and integrity of your meeting.

This makes using reliable platforms and having the necessary personnel, technical support, and other resources readily available throughout the process to resolve any technical issues promptly, to avoid timely delays or notable disruptions, a must when conducting a virtual Annual Meeting.

It’s easy to understand why a growing number of communities

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across Florida are transitioning to a virtual Annual Meeting format; the improved flexibility, enhanced security, and improved efficiency make for a more favorable meeting experience for all parties involved. And by following these few tips and tricks, conducting a virtual Annual General Meeting should be a straightforward and rewarding experience when using the right solutions and proper planning is in place.

Mark DiPinto is the Marketing Manager at GetQuorum, an industry-leading provider of virtual meeting, electronic proxy, voting, and notice distribution services. Through his experience, Mark has acquired an in-depth understanding of the challenges communities face in regard to governance and how integral leveraging the right technology is to the success of owner meetings and condominium governance. For more information, email contact@getquorum.com or call 877-353-9450.

Navigating Post-Hurricane Insurance Claims:

A Guide for Neighborhood Associations

BY KELLY M. CORCORAN AND KYLE S. BUGDEN, BALL JANIK LLP

The 2024 hurricane season unleashed devastation nationwide, with preliminary assessments valuing the combined property damage and economic fallout at close to $500 billion. For those overseeing multi-family housing communities, the storms created challenges that extend far beyond immediate repairs—bringing significant structural losses, financial strain, and the likelihood of a lengthy, often complicated insurance claim process.

When a hurricane occurs, neighborhood associations are often responsible for coordinating recovery efforts and managing insurance claims for their communities. These claims may involve lengthy procedures, technical details, and potential delays or disputes. To improve the likelihood of an efficient and equitable settlement, associations should ensure thorough preparation, careful documentation, and consult legal professionals when appropriate.

The groundwork for an effective insurance claim begins before the winds pick up and the rain falls. Neighborhood associations must prepare by maintaining comprehensive and up-to-date records of the properties under their care. This includes:

Photographic and video evidence - Clear images of roofs, siding, fencing, landscaping, recreational facilities, and other common elements should be updated regularly. Time-stamped documentation serves as baseline evidence of the property’s condition prior to storm damage.

Detailed maintenance records - Keeping logs of repairs, inspections, and upgrades not only demonstrates responsible stewardship but also prevents insurers from wrongfully attributing hurricane damage to pre-existing wear and tear.

Copies of insurance policies - Policies should be reviewed annually to confirm adequate coverage limits and to ensure that the association understands deductibles, exclusions, and endorsements related to wind, flood, or storm surge damage.

By creating a “disaster readiness file,” accessible both digitally and in hard copy, associations will be far better positioned to support a claim when disaster strikes.

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Paul Knuth Senior Vice President (407) 865-4800 pknuth@allianceassociationbank.com

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DOCUMENTING THE DAMAGE AFTER THE STORM

Once conditions are safe, thorough documentation of hurricane damage becomes critical. The association should act quickly, as physical evidence is often altered by emergency repairs or clean-up crews.

Systematic photo and video capture: Footage should clearly show the scope of damage, close-up shots, and context images that present the overall scene.

Condition reports from contractors: Licensed professionals can assess structural safety issues and provide estimates for repairs, which carry significant weight in insurance evaluations.

Inventory of damaged items: For associations managing clubhouses, pools, or fitness centers, it’s essential to list damaged equipment and furnishings with supporting receipts or purchase records.

Board meeting notes and communications: Written records of decision-making, such as hiring contractors for emergency mitigation, help establish the legitimacy of claims costs.

The stronger the evidence, the harder it is for insurers to dispute the extent of the loss.

WORKING WITH THE INSURANCE COMPANY

After filing a claim, associations should prepare for an adjuster’s inspection. A board representative, or its counsel, should accompany

the adjuster during the site visit to ensure that no damaged areas are overlooked. The association should maintain copies of all communications, including phone calls, emails, and formal letters. It’s wise to keep detailed notes of conversations with the insurer, recording dates, names, and summaries of what was discussed. Open dialogue is helpful, but associations must also remain vigilant. Insurers may delay or attempt to minimize payouts, citing policy exclusions, depreciation, or disputes over causation.

KNOWING WHEN TO SEEK LEGAL HELP

Despite careful preparation and documentation, some claims reach an impasse. When an association encounters repeated delays, lowball offers, or outright denials of legitimate damages, seeking legal assistance becomes necessary. Attorneys who specialize in insurance disputes can help interpret complex policy language that may be used against the association. They will also help negotiate effectively with insurers by leveraging knowledge of case law and state-specific regulations. Sometimes it is necessary to file a lawsuit if the insurer continues to withhold fair compensation. Though most claims settle without litigation, legal support ensures that the association does not surrender its rights or settle for less than what the community needs to rebuild.

CONCLUSION

For neighborhood associations, navigating a post-hurricane insurance claim is a rigorous and often time-consuming process. However, it is crucial to preserve the value of the neighborhood for its residents. Success hinges on preparation before the storm, thorough documentation afterward, persistence in working with insurers, and knowing when to enlist the help of professional advocates. By approaching the process systematically, associations not only protect the financial health of their community but also accelerate recovery, giving residents reassurance and stability in the wake of devastating weather.

Kelly M. Corcoran is a partner at Ball Janik LLP, focusing on resolving complex insurance coverage disputes on behalf of individual and corporate policyholders. He may be reached at kcorcoran@balljanik.com.

Kyle S. Bugden is an attorney at Ball Janik LLP, focusing on representing homeowners’ associations in both insurance and defect claims. He may be reached at kbugden@balljanik. com. For more information, visit balljanik.com.

LEGAL Four Amendments Your Association Should Consider

BY S. DAVID COOPER, ESQ. BECKER

For community associations in Florida, proactive governance is essential for long-term stability and effective community management. Governing documents provide the foundational framework for this management, and periodic amendments are crucial to ensure smooth, efficient operation of the Association and compliance with evolving statutes.

Depending on the nature of your association, there could be a number of other amendments to consider, but this article outlines four common amendment areas that associations should consider to fortify their legal and financial footing. While this article specifically references Chapter 720 homeowner associations, these amendments may apply to condominiums, as well, where the law overlaps.

1. IMPLEMENTING CAPITAL CONTRIBUTIONS: A PROACTIVE FINANCIAL STRATEGY

Capital contributions, or one-time assessments collected upon a property’s transfer of ownership, offer an alternative mechanism for associations to build or replenish working capital. Historically, charging the buyer a capital contribution when purchasing a new construction home has been a common developer practice to seed new associations. By formally amending the Declaration to permit capital contributions on resales, an association can establish a consistent, non-assessment-based revenue stream.

This approach provides supplementary funding for significant projects or unforeseen expenditures, mitigating the sole reliance on

annual and special assessments. Given the potential for legislative changes that may disallow future amendments to include capital contributions, associations are strongly advised to consult legal counsel to implement or review capital contribution amendments, ensuring their resilience against evolving statutory provisions.

2. ENHANCING FINE ENFORCEMENT: PROMOTING COVENANT COMPLIANCE

The effectiveness of an HOA’s enforcement powers directly correlates with its ability to maintain community standards and property values. Florida Statute Chapter 720.305 permits associations to levy fines for rule violations. By statute, these fines are limited to $100/ violation, up to $1,000 in the aggregate for a continuing violation – unless the association’s governing documents say otherwise. In some communities, the statutory amount may not be a sufficient deterrent. To strengthen the deterrent factor of the fine, you may wish to consider raising the minimum fines and establishing that significant fines can become liens against a property.

Amending the Declaration to explicitly state that fines of a certain threshold (e.g., $1,000 or more) will constitute a lien significantly strengthens the association’s enforcement capabilities. This clarity in the governing documents reinforces the seriousness of violations and provides a more robust mechanism for ensuring compliance, ultimately fostering a more harmonious community environment.

LEGAL

3. MODERNIZING ELECTION PROCEDURES: FOSTERING ORDERLY GOVERNANCE

Recent legislative adjustments to Chapter 720 of the Florida Statutes have granted HOAs increased flexibility in structuring their election processes, notably by removing the mandate for nominations from the floor. This presents a timely opportunity for associations to review and update their Bylaws to reflect modern, more efficient, and orderly election procedures.

Boards should consider amendments that streamline the nomination process, eliminate nominating committees, establish clear deadlines for candidate submissions, and outline comprehensive election protocols. Such revisions contribute to greater transparency, reduce potential for disputes, and enhance overall member confidence in the association’s governance.

4. REFINING ARCHITECTURAL CONTROL POWERS: SAFEGUARDING COMMUNITY AESTHETICS

Architectural control is a cornerstone for preserving the aesthetic integrity and long-term value of many HOA communities. However, this authority is subject to stringent statutory and case law regulations. It has become increasingly difficult to deny requests based solely on the subjective opinion of the association as to the

aesthetics of the proposed change. It is imperative for associations to review their Declaration to confirm whether it contains explicit, objective architectural specifications or, alternatively, grants the Board clear authority to adopt and enforce detailed architectural guidelines and standards. Furthermore, ensuring the documents mandate a clear process for homeowners to submit plans and obtain formal approval before commencing any exterior modifications is critical. Robust architectural control provisions are essential for preventing unauthorized alterations, avoiding costly litigation, and consistently upholding the community’s desired visual character.

These are just four amendments you should consider. Depending on the needs of your association and the state of your governing documents, you may wish to consider more, particularly if your documents were written decades ago before the digital reality we live in today. Proactive engagement to evaluate your governing documents, in collaboration with experienced legal counsel, is a strategic imperative for community associations committed to effective and resilient community management.

Updated Guidance on SIRS Compliance & Reserve Funding

BY SUNDEEP JAY, RS, PRS, J.R. FRAZER

Florida condominium associations overseeing residential buildings three stories or taller are required to complete a Structural Integrity Reserve Study (SIRS). Originally, the deadline for this requirement was December 31, 2024. However, recent legislative updates have extended this deadline to December 31, 2025, for associations existing on or before July 1, 2022, that are controlled by unit owners other than the developer.

NAVIGATING POTENTIAL DELAYS

Despite the extension, some associations may still face challenges in completing the SIRS by the new deadline due to scheduling constraints. If your association anticipates such delays, it is advisable to:

• Consult Legal Counsel: Seek guidance on how to proceed and remain compliant with state regulations.

• Engage a Reserve Study Provider: Obtain and, if acceptable, execute a proposal from a qualified reserve study professional. This demonstrates proactive efforts towards compliance.

Taking these steps can help mitigate potential liabilities and show due diligence in meeting statutory obligations.

MANDATORY RESERVE FUNDING REQUIREMENTS

Under Florida law, associations adopting budgets on or after December 31, 2024, must fully fund reserves for specific structural components identified in the SIRS. This requirement eliminates the previous option for unit owners to vote to waive or reduce reserve contributions for these components.

BUDGET YEAR IMPLICATIONS:

• Calendar-Year Budgets: Associations with budgets starting January 1, 2026, must ensure full funding of the SIRSdesignated reserves.

• Fiscal-Year Budgets: For associations with fiscal years beginning July 1, 2025, budgets adopted in April or May 2025 must comply with the full funding requirement.

Failure to meet these funding obligations may necessitate budget

amendments to align with state mandates.

ALLOCATING EXISTING RESERVE FUNDS

A common concern among associations is how to allocate existing reserve funds between SIRS-mandated components and other reserve items. While the state has not provided explicit guidance on this matter, it is recommended to:

• Consult Reserve Study Professionals: Work with your reserve specialist or Professional Reserve Analyst (PRA) to determine appropriate fund allocation strategies.

This is particularly pertinent for associations utilizing the pooled funding method, where funds are not designated for specific components. In such cases, professionals can assist in proportionally distributing funds based on the fully funded balances of both SIRS and non-SIRS components.

Staying informed and proactive is crucial for compliance with Florida’s evolving condominium regulations. Associations should:

• Engage Qualified Professionals: Collaborate with legal counsel and reserve study experts to navigate requirements effectively.

• Communicate with Unit Owners: Keep members informed about compliance efforts and financial implications.

• Plan Ahead: Initiate the SIRS process promptly to meet the December 31, 2025, deadline and ensure budgetary compliance.

By taking these steps, associations can fulfill their obligations, maintain structural integrity, and safeguard the interests of their communities.

Sundeep Jay has been a Senior Reserve Specialist with J. R. Frazer, Inc. for over 9 years. During this time, he has completed more than 1,000 reserve studies. He also held a continuing education credit course for property managers and board members.

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