In this webinar, presented by the Florida Legislative Alliance and CAI SE-FL Chapter, learn about the 75 bills the Florida legislature proposed in 2024 that would affect Florida HOAs and Condos, and the 5 bills that ultimately passed:

  1. SB 600 / HB 293 HOA Hurricane Protection
  2. SB 50 / HB 59 Provision of HOA Rules and Covenants
  3. HB 1029 My Safe Florida Home Program
  4. HB 1021 Community Associations
  5. HB 1203 Homeowners Associations

Impact to FL Community Associations

These new bills can seriously impact Florida Community Associations, Board members, CAMS and Management companies. Be sure to watch the full webinar below and share the included slides with your fellow CAMS and Board Members to prepare your team and stay compliant! The full transcript is also below.


Watch the Webinar

Speakers:

  • Lisa Magill, Esq, of Kaye Bender Rembaum
  • Jason Schoenholtz of Trident Management
  • Michael Poorman, Board President of Mariposa Pointe at Weston Town Center Condo Assn and President of the CAI SE Florida Chapter

View or Download the Slides


 

Read the Transcript

Michael Poorman: I want to thank each and every one of you for taking the time to participate in this year’s legislative update discussion. I’m Michael Poorman. Before I go around the table to introduce the rest of our panelists,  I do wanna just get some housekeeping comments out there. All of you are going to be on mute – participants. If you have any questions as we go through the material in this webinar if you could please just enter those into the chat. We’ll make certain to get to those as we go through the discussion, or in a worst case, at the end of the discussion. But once again I do want to thank you for taking the time to be here today. We have a lot of exciting things to share with you before we get into this. I do want to introduce you to your panelists.

The Panelists

Michael Poorman: So we have Lisa Magill, who’s a board-certified Condo and PUD Fellow, College of Community Association Lawyers. She’s with Kay Bender Rembaum. She’s gonna be walking through much of the detail of some of these bills, particularly the ones that we’ve had a big focus on, which relate to the HOA and Condo reform legislation.

Jason Schoenholtz. Jason, aside from being the co-founder of Trident Management. He’s also a licensed CAM. He’s been a member of our chapter since 2013, and he is our President-elect for the chapter this year and will be taking over as President next year. So congratulations, Jason. and Jason, too, is gonna walk us through some of the legislation that particularly relates to CAMS.

And then you have myself,. I’m a homeowner leader. I’m the president of my board, which is in Weston. It’s Mariposa Pointe Condominium Association, and I am a I’ve been a member of the chapter since 2019, and I am currently serving as your President of the Chapter for this year, and it’s been quite an honor. So I look forward to to sharing with you some good information that we captured for this year’s legislative session.

About the 2024 FL Legislative Session

Michael Poorman: Let me move on to to get into just giving you an overview of some of the high points. These are probably the headline points that we took away from the activities this year. First, I’d like to start with contrasting it between last year. Last year the FLA team or Florida Legislative Alliance team, we were tracking actively, tracking 27 bills. of which 4 ultimately approved and signed into law by the Governor.

This year. In contrast, the team was actively tracking 75 bills, which 5, the following 5 were pivotal bills that did pass. And these are the ones we’re going to spend more into more more detail today. We’re gonna the big focus area in today’s discussion is gonna be around the 2 you could probably say most comprehensive of which is the the H 1021, which is the Condominium, Condo 3.0 Bill, and then you’ve got 1203, which is the Homeowner Association Bill, the Reform Bill.

We’re gonna take deep dives and those, and then will take a lighter coverage of the remaining bills that we deemed it’s pental this year. So the the influx of the sheer amount of these bills are the activities presented this year was unprecedented. They provide a huge challenge for Condominium Associations. And it’s gonna profoundly impact or have an impact on many aspects of our association living and management throughout this session.

Throughout this session which ended March 8, it became increasingly clear that that the concern wasn’t solely on the sheer amount of bills, the 75 the quantity, but rather it was a substantial impact for implications that these bills carried for associations. So we feel coming out of this session that CAI’s advocacy efforts. We did have an effect in mitigating some of the potential harm that some of these bills had, and we also feel that we ensured more favorable outcomes across those bills that did pass the enacted bills reflect a more balanced and measured approach. providing significant support to associations and their stakeholders. We want to thank, and we thank in large part CAI’s advocacy efforts.

Critical bills like the Nonprofit corporations that operate residential Homeowner Association Bill and the Sb. 2 78. Do you stop with certificates? Did not succeed succeed in passing. And we believe that we inverted harm potential harm from these bills to community association. So we look at that as one of those successful outcomes. In conclusion, despite the enormous challenges, the CAI advocacy efforts achieve positive outcomes, we think, for Condos and HOA associations.

And we’re honored to be able to share some of the details of that with you here today. So with that, I’m going to transfer it over to you, Jason, to take us through some of this legislation.

Jason Schoenholtz, CAM, PCAM: Sounds good. Thank you, Michael. So there’s a number of things that passed and didn’t pass, as Michael said. Of course I can’t even see my screen now. So we’re gonna talk about the Rules and Covenants are in House Bill 59. There is 1178 that didn’t pass, 600 did pass, thankfully. The estoppel certificate 278 failed. And the flood disclosure is something minor that did pass. We’ll talk about that quickly.

I think one of the most positive things that came out was the Mysafe Condo pilot program. It’s just a pilot program, but it’s a great start. Ee’ll talk a little bit about 1203, which is the Homeowners Association Reforms. There were a lot of really strong things that were in the original draft. That would have been very detrimental, I think. CAI and some of their advocacy partners worked really hard to get those things again many of those things out of there and make it something we can live with. And then we’ll talk about citizens, property insurance and what’s going on there.

SB 600/HB 293 HOA Hurricane Protection

(Allows homeowners to improve homes according to association specifications)

Jason Schoenholtz, CAM, PCAM: So the first one is House Bill 293, which talks about hurricane protection. This is just to clean up some of the language that that didn’t exist on the HOA side. For those of you who’d handle Condos and HOAs this is gonna look very familiar. It’s very similar in that an HOA must adopt a hurricane protection specification. And that an HOA cannot simply reject an acc request that conforms with those adopted specifications, and it goes further in to talk about what those things include. Roofs, storm shutters, impact windows and doors, polycarbonate panels, garage reinforcement erosion control, exterior fixed generators and fuel tanks. I think this was a this was just to kinda clarify what rights and HOA has when it comes to controlling hurricane protection, and it really helps at the stage so that we have less arguments over things like that.

Lisa, I think the next slide is yours.

Lisa Magill, Esq: Hi everyone, thank you for joining us again.

SB 50 / NB 59 HOA Rules & Covenants

(HOAs must distribute rules and covenants to all owners)
Must be completed by October 1, 2024

Lisa Magill, Esq: This next bill is very, very short and very quick to the point. It’s really just to ensure that all HOA owners have a copy of the rules and the Covenants. Now, of course they already should have a copy of the rules in the Covenants, but apparently the legislators were receiving complaints. So it does require you HOA board members or managers that work with HOAs to distribute all the rules on the Covenant by October 1, 24 to all owners. You can do that electronically, if you consent to use electronic notice, you could also do that by uploading the documents to a website and then giving everyone notice of or where notice of the fact that it is on the website. It also requires the each a way to distribute all amendments to allers. Now, as a practical matter for amendments to the governing documents, including the declaration of covenants or the articles of the bylaws. You already do distribute those to the owners in advance, because you need to have the ownership vote. And the statute said that if you had not distributed them you must distribute them with the recording information after passage. So this is just really reiterating that obligation to make sure that everyone has not only covenant amendments but also rules and regulations. You have to send out those rules and regulations if you’re adopting them. It’s pretty easy.

CS/CS/CS HB 1029 My Safe Florida Condominium Pilot Program

(Extends My Safe Florida Home program to condominium properties)

Lisa Magill, Esq: The My Safe Florida Condominium Pilot. Program. Yeah. But, as Jason mentioned, this is a fantastic thing. Now, it’s just a it’s just a pilot program. but it does offer the allow inspections and mitigation grants. The grant applications have to be improved by the board or the membership, and all owners of the units within the building to be improved, so the grants are largely available for roofs and for windows doors. If you’re having a roof or window door application, you have to get the owners in that particular building to agree to the grant, because at the end, if if the grant is approved or the association is going forward with the the grant themselves itself.

This is a great program for associations. It’s based upon $1 for every $2 spent. You can qualify for up to $175,000, and I think that they dedicated 30 million to the program this first year. The My safe Florida Home program was, is a very, very applicable is a very, very popular program, and that has granted over 400 million dollars to homeowners since 2022 for windows, doors, other mitigation work or other work hurricane hardening work. So people homes are protected. Let’s hope that this program 6 is very successful. Let’s hope that it continues. Let’s hope that some of the cash strapped associations out there are going to be able to take advantage of it going forward.

CS/CS/CS/HB 1021 Community Associations (primarily Condo Associations)

(A comprehensive bill dubbed ‘Condo 3.0’. It’s a major rewrite of current legislation)
Effective Date: July 1, 2024

Lisa Magill, Esq: Now, we’re gonna get into really the meat and potatoes of what we’re talking about today. So it’s 2 major bills, as Michael already mentioned. It’s 1021 for Condominium associations largely, and then the 1203 that affects HOA, Homeowners Associations. So Senator Bradley really championed this Community Association Bill, they’re calling it Condo 3.0. She went around the state talking to so many people, so many stakeholders, so many owners, managers, industry people, and really got a great idea. A very very good working idea of what community association operations are like, what kind of problems community associations face, and what types of tweaks that she could legislate to improve those community associations. I’ll talk about them in more detail.

Increased powers for DBPR

Lisa Magill, Esq: The first is the changes applicable to the DBPR. That’s the Bureau of Enforcement largely, and it does expand the jurisdiction of DBPR. Now, I don’t want you to be overly concerned, or have a lot of trepidation about that, because, really the DBPR’s powers were stripped many years ago, and they were only allowed to investigate items related to financial, elections, and official records. Now I can tell you that official records complaints by far vastly outweigh all the other complaints that are received by the division.

But there were failures. There was an inability of the division to be able to investigate certain matters. And there were a lot of complaints saying, It’s the “do nothing division”. So now they’re gonna have the power to investigate conflicts of interest, failure to respond to written inquiries. They’re gonna have the power to remove officers and directors for accepting kickbacks for use of debit cards inappropriately. And as you’re aware, if a director is, becomes delinquent for more than 90 days, the statute says that they’ve abandoned their office. But there was really no mechanism, for oh, for the other board members, or for unit owners to effectuate that. How are you gonna get somebody off the board? So now the division will have the power to remove officers if they abandon office by not paying their bills, or if they’re charged with a crime that relates to the association, particularly theft embezzlement like I talk about in the next bullet point, so they will refer theft claims or other legal other illegality to law enforcement agencies when warranted.

They’re gonna create a database that is gonna show who’s completed their structural integrity reserve studies. So everybody make sure you get those structural integrity reserve studies done. I think you’re going to have to report it on your on the bill that you sent on the feed bill that you sent back to the division annually for your $4 per unit. And you’re also gonna have to report whether or not your board members complied with the education requirements that we talked about.

Two other things, it does give the division or other State employees the power to attend association meetings. Why, why do they even want this? Or why did they even care about this? It was raised by the Ombudsman, the Ombudsman would be contacted by owners having issues with their association, and he would just like to attend. I mean again, maybe to answer questions, maybe to observe, to determine whether the owner that was complaining was right, or there were problems that needed to be rectified, and oftentimes I guess he was prevented from doing so. So this will give the division or other State employees the power to attend meetings, and it will also give them the power to get access to your website when there are issues associated with access to official records.

I know from my own personal experience that many times the Association will say it’s on the website. It’s on the website, it’s on the website. But if the owner has difficulty in navigating the website, this will give the Association the ability to prove that the documents they say are on the website are on the website. They can walk the division through where it is on the website, and if there are any omissions you can rectify those omissions.

Going forward. There are many changes associated with Community association managers and community association management firms. So, Jason, I would like to have you talk about this so you can address it as someone who who it applies to.

Jason Schoenholtz, CAM, PCAM: Yeah. So just stepping back 1 second to the division thing, I think it’s important to point out – so that you and I were talking earlier. The division still figuring this out, guys. So I think it’s important to realize that there’s a number of hours and expansion that they were given, and money in order to do it. But I don’t know that it. It’s gonna take them some time to really get their feet, their arms around it and move forward. So look out for it and be aware of it, but also realize that they’re not going from 0 to 100. So those homeowners that are still looking for help, it may take them a little while to get ramped up and and deal with those things so have a little patience with them.

Going on to the to the effects of 1021 on the Community Association manager side. There was a number of things that affect us. I’m going to hit a couple of them. It’s a pretty massive bill altogether, guys, it’s about 145 pages worth of stuff. So we’re gonna hit the highlights here.

Changes applicable to CAMS

(Returning official documents, conflict of interest disclosure, and competitive bidding)

Jason Schoenholtz, CAM, PCAM: The simple, easy one is, they made it a requirement for a community association manager or management company to return official records within 20 business days. Most of us are already doing that. It’s in line with what our with the division has has asked us to do as a guideline already. But this makes sure that it’s a it’s a law, and will help prevent any issues from some who were not complying. It also applies to if you’re if you stop managing a building, or if there is a request to terminate and turn over documents. So there’s no ability to withhold things.

There is a huge section on disclosure of conflict, of interest which is important. They’ve expanded the meaning of the conflict of interest stuff for a management company. It’s not just that you have an ownership stake in another, in a, in a, in a business that’s being done. If there is a financial relationship or anything else there that needs to be discussed, it needs to be disclosed. They went a little bit further in that, in the soliciting of competitive bids, especially when it comes to this conflict issues. The original statement said that we MUST provide 3 competitive bids. We all know that sometimes that’s not possible. This is one of the items where we were able to make a good change, and that it now says the the manager, must solicit 3 competitive bidding. So it doesn’t say we must have 3 bids. It just says, we have to solicit competitive bids beyond the ones that are a conflict, or could be perceived as a conflict. and it also set a threshold of $2,500. So we’re not having to go get competitive bidding to change a light bulb thankfully.

Including into this was, apparently this was very important to the people who wrote the laws because they wanted to make sure all the conflict disclosures are in there. It has to be part of the minutes. It has to be part of the contract. There are all kinds of rules as to how it’s pointed out that there is a conflict. And the good thing that they did do, though, is that even if a let’s say a board member is conflicted out because their you know brother owns the landscaping company, they are still able to be perceived as being present for a point of establishing a quorum.

But when that conflict exists, the vote needs to still be a two-thirds majority of the board. So it’s not just a simple majority. That kind of helps make sure there’s no perceived conflict. And then, if that conflict is not disclosed – somebody forgot or somebody intentionally hid something – with a vote of 20% of the membership, gives the ability for the association to cancel the contract that’s the conflict. It also gives them, if that conflict is with the management company, it gives them the ability to cancel the management company’s contract as well. So it’s a big deal, and it’s very important that we disclose these things as we should be always.

Official Records Changes

(Expends official records list, requirement of checklists for records provided, requirements for websites, contracts must be included with meeting notices and waivers of financial reporting requirements)

Jason Schoenholtz, CAM, PCAM: After that we’re going into official records. Some good changes, some some owners, some changes that are going to require more work.

So they added officially to the records, invoices, receipts, deposit slips, payment records. those are things that that there were always there were a little bit in question. It also added, the building permits for any permits that are going on for any construction that’s going on. And that Board Member Education certificate that we were talking about earlier. So that will be part of the official records, and, as Lisa mentioned. Not only will it have to be part of your records for your association, but you’re gonna have to submit those proofs to the division.

So an association, one of the other great changes that came about had to do with how association records that were destroyed or lost, or missing. The original draft of this bill said that the so the association or the manager had to make a good faith effort to replicate the document. And that was a little that that opened up a whole lot of liability. So we were able to mitigate that a little bit and just say that we’re all gonna make a good faith effort to obtain or recover an absent piece of material. So we’ll make every effort to find that document that doesn’t exist. But you can’t make the association recreate something years later and get it wrong.

Okay, we go into records requests. So there’s been records. Requests are a big deal, as Lisa said, that’s the most common complaint that the division gets.

So they have clarified that as an association you can make your records requests you can fulfill your records requests via your website. But with that you have to actually provide a checklist of records made available. So you’re gonna provide that checklist to show anything that you that was on the website that you provided, and anything that you couldn’t provide, and why it couldn’t be anything that couldn’t be provided, and that checklist will also become a piece of the official record. And as an association you have to retain that for 7 years.

Lisa Magill, Esq: Really big. This is a really big deal, because no longer are you going to be able to say there’s the room records are kept, you know, have added, or give somebody a huge box of stuff and say, Okay, everything that you wanted is in here. Lately I’ve been trying to do records requests. If if the Association doesn’t have a website via Dropbox. And that’s also an easy way for you to know what’s on there, because you uploaded to the dropbox. And there’s a list of all the records that you’re uploading. But this checklist is, is, is somewhat of an onerous obligation or imposition on the part of the association, particularly those of that aren’t working with management, because management will be more tuned to what’s happening with the statutes.

So when somebody says they want A, B, C, D, and E, then you’ll have to. You’ll have to either have a checklist that says, Okay, we have A, we have B, we don’t have C, we have. D, we have E, and that way you’ll retain that checklist for 7 whole years. Now, where I see this to be a problem is when you get one of those records requests that basically just cut and paste the entire statute. So hopefully, now that you have to have all these onerous requirements, as far as fulfilling your obligation to make facilitate access to the records that we can have rules adopted that will limit the number of records that people are able to request in any what at any one time.

Because if they just copy and paste the statute, what are you supposed to do? Inventory? Every single piece of paper in your office or in your store room, that you may have been collecting for, you know, 20 years, or something like that.

Michael Poorman: So, Lisa, this is a part. Good news story for us condo people. Because these record requests are quite onerous. And many of them when they’re requested. We don’t even know the people come in and actually sit in the room and have at it. They just don’t show up. So this, this, I think, is a very favorable thing for us condo people.

Lisa Magill, Esq: Well, so for associations that have websites regardless of whether it’s a Condo or HOA, actually, they’re changing the website requirement. Now, Condos with 25 or more units are going to have to have websites, and they’re going to have to post the records that are listed for you know, within the statute, and we can provide that list for you should you so desire. But I think the website is the best invention for this record inspection problem. Because if you can just post records up on the website, you don’t have the labor associated with pulling the records, you don’t have the staff time or the volunteer time for monitoring the records request you don’t have somebody waiting around for for an appointment where somebody doesn’t show up.

I think a lot of problems are very easily solvable by use of the website and and having the division be able to access your website is not a big deal, believe me. The division people are so busy they’re not gonna be unilaterally searching for Condo websites and trying to monitor or audit what you have on there. It’s really gonna just be complaint driven. Which is the way that it is right. Now.

Michael Poorman: I would add, I would add one additional point. You’re also gonna get a record of who’s downloading that document. You can have an electronic record of that. And you can show that they do have access to the record to take if they claim that they don’t have access to it. So I think it solves a lot of interesting things for us. But thank you.

Lisa Magill, Esq: Right. And also one other tidbit. I think Jason said it earlier. But if you’re gonna have a board meeting to approve a contract. The contract either has to be attached to the the meeting notice or otherwise made available to owners before the meeting. So I know that you all that work with management. Your managers are fantastic people. They put together a beautiful board package with it for you, with the agenda and all the documents that you need in order to run the meeting efficiently. But the owners don’t have that information, and how can they be expected to ask questions relative to the contract or the work that’s being performed if they don’t have any idea like what it says or what have you.

Financial reporting – can’t waive. So if you’re required to do an audit, you can waive one year. The next year you can do an audit, the next year you can waive, the next year you must do an audit. Now this was put into the law several years ago. It said, you couldn’t waive for more than 3 years and apparently there were many complaints. So that was eliminated from the law. Now they’re putting it back into the law. and we’ll see what happens.

I know we have a bunch of questions out there. It’s really kind of difficult for us to look at the both the what we’re doing and the questions at the same time. So we’ll try to get to all the questions at the end of the presentation.

Association Operations

(Board meeting frequency, hurricane protection mandate votes, electronic voting, delinquency notifications, director education requirements)

Lisa Magill, Esq: Moving forward. Association operations. Oh, cannot waive financial reporting for consecutive years. Got that? Make that really important out there.

So, you Condos are gonna have to hold board meetings, at least quarterly. It said you had to hold them 4 times per year, but now you have to hold them at least quarterly, so 6 one, half dozen the other. Really the importance of it is regardless of whether, if you’re only having that one meeting proporter, regardless of what’s on the agenda. You have to allow people to ask about the status of construction projects, and the revenue and expenses for the current fiscal year.

Remember, these laws come from somewhere. Where did they come from? They come from the constituents constituents tell their legislators what kinds of problems they’re having the legislators try to solve those problems through this legislation.

For those associations that have mandated hurricane protection. If you do so by the vote that’s permitted in the statute rather than amending your documents to mandate owner improvements meaning mandate owners, related windows within a certain period of time. You’re gonna have to record a certificate attesting to the vote and what is actually mandated. So if you do an amendment, the amendment will be recorded, and the amendment will say the due date for completion. It also says exactly what it is that’s mandated. This is as in a certificate for those who are following the statutory procedure rather than amending their documents.

Electronic voting, I mean electronic voting, I think, is fabulous. But right now well, not. But right now the way the Board had the option of determining which meetings were capable for electronic voting. So you may have had it for your election, but you come along to the next meeting, and you may be voting on a material alteration. And the board may have just not set up electronic voting for that meeting. Well, this changes that just basically says that once you opt into electronic voting, that electronic voting option has to be given in subsequent voting events. And of course, unless you opt out, or of course, unless the board adopts another resolution thereafter, opting out of the electronic voting. If you haven’t used it. It’s very, very easy. Once you get used to whatever program you’re using, it’s very seamless, and it eliminates a lot of problems.

When it comes to election and eligibility, you Condos out there are going to have to notify all of your owners 90 days prior to the election of their delinquency status, and the possibility of them being suspended for their voting rights and also for their eligibility purposes. So I know you have to have a meeting to vote on a suspension. That goes without saying. I know you have to post notice of your meeting. Owners are sometimes not paying attention to what is going on in the building on a daily basis. So they missed the meeting where their unit has where the Board voted to suspend the voting rights associated with that particular unit, and you also, after the meeting, you send a notice. You send a letter to the owner, saying, Hey, we suspended your voting rights at the meeting that happened on Thursday, the fifth. Well, apparently they haven’t read that mail or looked at for mail from the association. So here’s another notification.

Your first notice goes out 60 days in advance. So 30 days prior to your first notice, you’re going to send unit owners that are and that are delinquent, that the association may suspend them if they go past the 90 days.

The next issue is actually a big change. Up till now you had an option for education. You could either sign the self-certification form or you could take a division-approved certification class. So that is now gonna be beefed up. The initial session for certification is a 4 hour class. Wow! That’s, I can tell you from doing these classes speak especially over webinars, where we don’t have the interaction back and forth, speaking continuously for 4 straight hours is a lot.

I mean, there’s a huge amount to cover. There’s only so much that any one brain can really absorb in any one session. But there will be more direction on what needs to be included in these sections. Right now, I mean, there are categories to include, but every session is very, very different. And you’re gonna have to have usually annual updates. Now, the good thing is, there are so many opportunities for education. And so it is so easy now that everything’s over computer that you know, you can sit at home. You can record it. You can. Yeah. Or you can take advantage of one of the great meetings that many of these service providers offer and get, you know, snacks or breakfast, or whatever it is, and then meet other people that also are community association directors that are attending the education. The certificate is valid for 7 years of continuous service. So if you drop off the board and then come back on. You’re gonna have to do that for our class again and after the 7 years you’ll have to do that for our class again, which, of course, will be a completely different class. Once we wait 7 years later.

Every year you’re gonna have to certify that the directors complied with the education requirements, and I believe that’s going to be on the form that you return when you pay your annual fake. So that’ll be easy enough to do. Just make sure that you have those certificates, make sure you put them on your website. And once they’re on your website, you don’t have to worry about them because they’re there.

CS/CS/CS/HB 1203 Community Associations (HOAs)

(A comprehensive bill pertaining to Homeowners Associations)
Effective Date: July 1, 2024

Lisa Magill, Esq: Now we’re gonna go into the Homeowners Association Bill. So there was a lot more in that 1021. But we wanted to cover really the the most important things, and we wanted to leave a little bit of time to answer your questions. 1203 is also a comprehensive bill, but it pertains to homeowners associations. So this one also has regulations for community association managers. Jason, you wanna go through those new regulations.

Jason Schoenholtz, CAM, PCAM: Happy to, Lisa.

Changes applicable to CAMS

(In-person meeting attendance, publication of representative and hours of availability, additional training requirements for CAMs with earmarked topics)

Jason Schoenholtz, CAM, PCAM: There were some interesting regulations put on us here as CAMS as you see. They specifically said that a CAM must attend. If you’re going to manage an HOA, not a Condo (Now we’re in that that 720 world) So all HOA’s you must attend in person at least one meeting a year. So apparently they’re different than Condos. They need to be in person. They can’t be virtual.

The, in particular, there must have been some complaint out there that they didn’t know who was managing so we now have to publish specifically who is the CAM or the team that’s representative to assign to that account. That CAM’S hours of availability. So your office hours. A summary of their duties, and or the firm’s duties, and if if requested, a copy of the contract. And I believe that if you have a if you have a website, it also has to be posted on the website as well. They added some requirements for education on the cam side as well. So they’re saying that the the CAM has to complete at least 5 hours of education specific to HOAs every 2 years. Maybe they felt the education was a little Condo specific. And of that 3 hours has to be specifically focused on record keeping. So those are some, some things that just relate to the CAMS that manage HOAs.

Going into… This goes back into the effects of the association. Lisa, why don’t you grab that one.

Lisa Magill, Esq: Right.

HOA Governance

(Posting of official records, assistance to law enforcement, auditing and financial reports, debit cards)

Lisa Magill, Esq: So now, HOA communities with a hundred or more parcels have to also have a website and post certain documents on their websites. They’re required to do that by January 1, 2025 for the Condos I mentioned before. It’s going from a 150 down to 25. So if you have 25 or more units, you’re required to have a website, you have a little bit of a reprieve. The mandate for condos does not apply until January 1, 2026. So you have a little time to get that website going, if you’re a Condo with less than well in between 25 and 149 units.

For those of you in HOAs with more than 100 parcels, you know, you only have a short period of time which, it doesn’t take very long to create the website or hire a company to do so. Just the initial labor associated with uploading the documents the first time it, you know, is somewhat taxing, but afterward keeping it updated should not be all that difficult.

Now, I think everyone is pretty much familiar with The Hammocks case out of Miami Dade. Really really terrible thing, I mean, really terrible thing. It was a huge community. I think it was like 5,000 units or something, a monster-sized community. You had board members that really were completely non-responsive to unit owners that were absolutely no information provided regarding association finances, or what money was being spent upon, or what money was coming in, and it took the law Enforcement officers that were investigating it like 3 years to get the information that they needed in order to bring the charges. And now someone, I think, were ultimately convicted.

So the laws are changing here and this is only for HOAs. But I can tell you that if you’re in a Condo, if you receive a subpoena from law enforcement, you don’t necessarily need to respond within 5 business days, which is what the requirement is for Ho’s. But you do need to reply. You do need to cooperate with law enforcement. You do need to comply with lawful subpoenas. So when I say, assist law enforcement. That means if they wanna conduct an inspection they want to interview witnesses. They want to review your documents. Please don’t put up those roadblocks, because it’s only going to look bad in the eyes of the person that’s trying to conduct the investigation and and and otherwise there’s really nothing, there should be nothing to hide. So if you have nothing to hide, please make those records available.

For associations, HOAs with 1,000 or more parcels. You’re gonna have to have an annual audit requirement. And then, remember, you can’t do the consecutive just like in the Condos. You can’t do the consecutive waiver so you can one year wave next year, not wave or or what have you? Financial reports- that’s what my next my next bullet point is. If you waive one year you can’t wavie the next year. You waive the one, you can’t waive the following year. Every other year you’re gonna have to have the level of financial reporting that’s required for your level of income.

And just like in the Condos. Get rid of those debit cards. You’re not allowed to use the debit cards, and of course there are criminal penalties for using debit cards or any association funds for personal expenses or your own expenses. So remember, as a result of that Hammocks case largely, there’s gonna be a lot more focus on association finances.

So anything that you can do as a community leader or community manager to disseminate the information about your your finances. It is fabulous. I mean. The website is the easiest thing. If you’re working with the management company that per, they produce monthly financial reports. Those reports, large typically have copies of the big statements with them. They typically have a list of all the expenditures and all the itemsthat have been paid for out that particular period. It also typically includes delinquency report and other information that you may want to know as a unit owner that all that information can be posted on a password protection portion of your website. So outsiders won’t have access that information. They won’t know how much money you have in the bank. They won’t know who’s writing the checks, or you know who who hasn’t paid their bills. It’s really only for association members.

And as a result of large, as I said of that Hammocks case, there are also penalties for fraudulent voting activities, and that and the Bill goes into a little bit of detail as to what they consider a fraudulent voting activity. So I would encourage you to become aware of that institute procedures in your own community so that you can try to curtail any problematic handling of ballots or handling of association votes. In that in that one case, I mean, I’m sorry to talk about it so much. But, as I said, that’s a massive community, thousands of homes. And they had the people online to vote. And they just closed the vote in because it was getting to be too late at night with all these people online. Well, you have to know that that’s not allowed. I mean, people want to vote. You have to let them vote. You can’t say, Oh, oh, too late! You know we’re we’re tired. We’re gonna stop all the voting now.

No, make it make it easy for people to vote in advance and use of that. Electron and voting is is so so simple, it actually may cost you less, cause you have to pay for duplication and distribution of all those documents setting up a website, letting people vote whenever they can, or whenever it’s convenient for them, and then as opposed to having the whole counting process take hours and labor and then recount, because you know, the numbers came out wrong. It’s it’s seamless, I mean, it’s immediately propagated. What, Who voted, and the vote tallies for each of the candidates.

Directors and Officers

(Fiduciary obligations, Education requirements, Limitations on service, limitations on rules on non-visible changes)

Lisa Magill, Esq: So this 1203 actually places some burdens on the directors and officers. It confirms that the fiduciary obligations are the same. So you have to act in good faith with the care of a reasonable person in like circumstances, and in a manner in the best interests of the association, as opposed to your own interests. So it doesn’t really change the standard of operation for directors. But it does require more education. So 4 hours of education annually for HOA directors governing communities with less than 2,500 parcels. It’s very easy. Doesn’t have to be all in one big session. You can attend an hour webinar here an hour, webinar there an hour, webinar somewhere else, and then breakfast, and then you’re done.

8 hours of education annually for HOA directors covering communities with more than 2,500 parcels, and those that education has to cover financial operations. Financial transparency, record keeping. The division doesn’t handle any complaints associated with HOAs, but I would venture to believe that there are as many homeowners within each communities that have suffered obstacles in obtaining HOA documents, as they do in Condos record keeping, the fining process. There are gonna be some changes to the finding process and meeting notice and meeting requirements.

The bill requires the director or officer to leave office if they’re charged with a criminal offense concerning the HOA that only makes sense. There really isn’t an Enforcement mechanism like that like you do now for Condos, but we’ll we’ll see if there are any changes that will make it easier for you to effectuate that right that you would have as a homeowner, or a homeowner association.

This next one is a little bit curious to me, because the law now says that you have to allow access to records within 10 business days of receipt of a request for those records. This one says you have to furnish individual homeowners with their ledgers, or an accounting of their account within 15 business days of a request. So it doesn’t really make a whole lot of sense, because if I was a homeowner in an HOA, I’m allowed to request access to my ledger, and you’d have to give me that access within 10 days.

There are some penalties, though, for failing to provide the individual ledger or an accounting. So we’re not gonna get into that today. But we really need to be cognizant of that. I mean, with all of these laws on both sides, on the Condo side and on the HOA side, record keeping, your record organization, how you keep your records, has all very much been a focus of the legislators this year.

So there are some changes to the architectural control abilities of HOAs. They’re not going to allow you to regulate interior changes that are not visible from the exterior you have to eliminate review of changes to the HVAC system, air conditioning, heating ventilation systems, so long as they’re not visible from the exterior, or they’re permitted by your existing guidelines, or that they’re something that was typical within your community. And if you’re going to deny an architectural review request, you have to tell them why. You know, this is why we denied it, based upon this guideline or this provision of our governing documents.

Parking / Vehicle Regulations

Lisa Magill, Esq: Okay. Parking and vehicle regulations. I think some of you may have a little bit of consternation about this and there’s something else that I believe that some HOA directors are gonna take umbridge with. But pickup trucks now are regular, personal or very widely used as personal vehicles.

So the first item that it says is that you cannot prohibit somebody from parking a pickup truck, personal vehicle in their driveway or other legitimate parking areas. If you prohibit parking on the street, or if you prepare for parking in certain areas, you know, those rules will still apply. But you can’t say just because it’s a pickup truck, even, I guess one of the larger pickup trucks, not commercial grade, then they’re gonna be able to park there.

You can’t prohibit owners, guests, tenants, invitees from bringing or parking work vehicles into the community. Now we’re gonna talk about, you can still prohibit commercial vehicles. But commercial vehicles are second vehicles. But there’s a very specific definition in the statute of what constitutes a commercial vehicle, and that is under section 320 of the Florida statutes as a vehicle which is not owned or operated by a governmental entity which uses special fuel or modal fuel, and which has gross vehicle weight of 26,001 pounds or more. or has 3 or more axles, or is, in combination with the weight, and the types of axles.

So I looked that up because I don’t know, you know, what trucks weigh or what vehicles weigh. And I found that class 7 trucks typically weigh 26,000 to 33,000 pounds. And they typically have 3 axles or more. So when I looked it up. It said. It says, think street sweeter sweepers, garbage trucks, city transit buses, furniture, trucks, small semi trucks. So when people have a work vehicle, if it says truly, Nolan on the side and has those little eyebrows, you know, eyelashes coming off the front. They’re gonna they’re gonna be allowed to park those there. Same thing is true for law enforcement vehicles and first responder vehicles. So someone’s in law enforcement. They have their police cruiser. Someone’s a first responder. They have their ambulance. I don’t know if they take ambulances home, but there’s all kinds of different first responder vehicles that they’re gonna have to be permitted to park in the community in legitimate parking areas.

And where I find that you may be upset about this is that you cannot restrict the homeowner selection of a contractor or a service provider. So you can’t stop somebody at the front gate if they don’t have a license. I actually, I’m not comfortable with this, because even in an HOA where the houses are not touching, and in some HOAs, townhouse type communities, the houses are touching, so the work that you do long and work you do in one can definitely have an effect on the unit next door. But even in an HOA where the houses are not next to not attached to each other and there’s a garage in between, I feel uncomfortable, not being in a position of being able to require the use of licensed and insured contractors. This law is not yet codified into law. So we don’t know if this is actually going to become effective or not. But this is something that I thought that most people would take a little bit of umbrage at. What do you guys think?

Jason Schoenholtz, CAM, PCAM: Yeah, it’s I think there’s gonna be a number of HOAs that you’re gonna push back against this. I can tell you. I have a few that you know you require that proof of insurance before you can get on the property. I don’t want you driving your truck. God forbid into somebody else’s house, not even you know, an accident that’s on the work that you’re doing, but just being on the property. And now we don’t have that restriction. So there’s definitely gonna be some debate on this one. I think if it does get signed into law by our governor, I would expect that provision to be revisited next year.

Lisa Magill, Esq: Yeah, I think there’s gonna be some unintended consequences of it.

Violation Fines

Lisa Magill, Esq: Fines. There are a lot of changes regarding fines. Now, you know. Through CAI, I think Michael mentioned earlier our legislative alliance. We were on defense pretty much this entire season, and this 1203. We were on defense a lot for this entire season. So when it comes to fines, I mean it initially said that you couldn’t lein for any fine whatsoever. It’s retained that that right. If you have the authority in your governing documents, and the fine exceeds $1,000. You still have the ability to lean for it. But there are new limitations. There are new procedures.

So you cannot levy fines for leaving the garbage out less than 24 hours before or after the garbage day. So I tried to explain this to someone. Say, Your garbage day is on Tuesday. This means Sunday night after 1230, which is really Monday morning you could put out the garbage that Sunday night, late Sunday night, and then well, cause it’s really Monday, and then garbage comes on Tuesday. Then you can basically leave it till Wednesday at midnight outside. Now, some of you may think this is important. Some of you may not think it’s important, but it’s a longer period of time than I think that they really contemplated, Same thing with holiday decorations, but with holiday decorations. You, if you give them a notice saying, Hey, you’re supposed to get rid of your holiday decorations. It’s it’s now the middle of November, and you still have those big pumpkins everywhere. After 7 days after week, after the notice. Then you can start the fine. So that’s that’s fair. That’s reasonable

With the procedures for fines you still have to give 14 days notice of the opportunity for a hearing before a committee of unit owners that are not members of the Board or members of the Board Members households. The hearing must be held within 90 days of the notice. You can hold the hearing remotely. I think you can hold the hearing remotely before that. But the law doesn’t clarify that you can hold that hearing remotely.

You can’t collect the fine if the violation is remedied within the timeframe, in the notice or before the hearing, and that’s and that’s what I tell my clients anyway. You send somebody a letter saying, Get rid of your garbage, can, or you know, park your car in the way that place that it’s supposed to be parked, or, you know, clean your driveway pressure, clean your driveway, and they do it? Well, then there’s no fine and even if you send them 2 letters, the first letter is pressure clean your driveway, and then the second letter is, you didn’t pressure clean your driveway, We’ll give you the opportunity for hearing. Your hearing is on January fifth, at 5 Pm. If they get it done before January fifth, at 5 PM, no harm, no foul. They did what you asked them to do, so there’s really no fine associated with that. If you do levy the fine, and, of course, the committee approves or confirms the fine. Then you have to send notice after the committee meeting, which I know you already do and set a due date. And the due date can’t be less than 30 days from the date of the notice.

And you have to furnish the person sought to be fine with the written committee finding within 7 days of the hearing, if you’re going to fine, or for a suspension of use rights in that notice that you send after the hearing. You tell them, Here’s how much you have to pay. If it’s on the basis of the continuing violation you’ll specify that in the letter itself, or if it’s a suspension, just tell them what they have to do. Here’s how much you have to pay. Here’s what you’re not allowed to use and here’s one we expect it to be by.

Jason Schoenholtz, CAM, PCAM: Lisa, you touched on it for a second. But I think it’s important to point out to the people that are here that these bills were really. you know, there’s some concerns over what’s in here now, and we talked about those for a second. But I think what are what the people listening to realize is when these bills came out there were a lot of even stronger things that were in there that would have been very onerous on on an HOA to move forward with it. Lobbying groups like ours really fought to get out of these bills just to give you guys a taste. There was a prohibition from an HOA to lein for past due assessments at all that was removed. There was an arbitrary cap on how much you could raise a budget every year which didn’t make any sense. There were things like, renters getting access to certain association records that didn’t really make sense. There’s times that it makes sense, but it didn’t. In some of these. There was even some prohibitions on the ability for an owner. There was a requirement for an there was an ability for the owner to appeal an extra appeal for violations and for ARC forms and all these crazy things.

And my point here is that you know, during the legislative sessions there are calls to action that come out from CAI Lisa’s firm shares them. My firm shares them and a number of people do. And it’s those calls to action, you know, when they come up during session or during the year that we want you guys to be looking out for, because the the the legislators respond when they get an avalanche of emails that say, this doesn’t make sense to us, because a lot of this stuff is very reactionary. In the first place. You know. Lisa mentioned that Vicki Lopez, and a number of the other legislators went around the State, all over listening to homeowner complaints. We all know what happens is the homeowners that are happy aren’t at those meetings right? So, hearing the other side of it is just as important. So we’re gonna ask from you when we go forward in a second that some some calls to action coming forward.

Michael Poorman: Yeah, Jason, just to add to that, yeah, there’s a there’s a port in those call to actions where you can actually put your perspective. And we encourage you to do the same. Do that because just the form itself, where it’s already conveying the key messages either for or in opposition of a bill or piece of legislation. You want to put your how in there. You know why you do. If you can insert some language in there, those just add a little something extra to the impact when legislators receive it.

Lisa Magill, Esq: Yeah, thank you for raising that point, Jason, because, as I said, we’ve been on defense this entire year, and I don’t have the statistics. We do have them somewhere. But we had a tremendous response to at least one of the calls to action. It may have been on the estoppel bill. and that was really very effective with the legislators. They can see. I mean, I think they have staff members just basically count how many come in. And they say, Oh, this is way too many, you know. Let’s not even broach the subject, or you know, maybe we’ll revisit this next year. So those calls to action, if you’re a CAI member, or even if you’re not, we send them out to our clients and you’re able to voice your opinion. It’ll automatically propagate with your State representative and the Senator that’s appropriate for your area. It’s really really important for people to know what you think, especially you, that are dedicated enough to participate today on a webinar to learn about your responsibilities, and that we know that you care about doing the right thing.

Jason Schoenholtz, CAM, PCAM: Speaking off so, yeah, did we miss one, Lisa? I’m sorry.

Lisa Magill: No, no, that was it. Go ahead.

CAI and the FLA Need You!

Jason Schoenholtz, CAM, PCAM: I was going to say, and I’ll let Michael talk in a second, but you know Lisa and Michael and I, and another 17 delegates with us are are members of the Florida Legislative Alliance. And we we do our. We do our part and we do a lot – Lisa more than most of us cause she actually writes some of this stuff. But we definitely need you.

Michael go for it.

Michael Poorman: Okay, fair enough. So on the screen now you have some links here, some resources that you can access. We encourage you to do that to get involved in the in the advocacy process.

I’m gonna move forward here to bring it back home to the chapter. So we want to also, first of all, thank you all for participating today. Really appreciate the turnout. Looks like we had a really nice turnout over 200, by my account. It was like about 213 people joined us today. So thank you for that to putting some time aside to do this, I hope you found it very useful and beneficial to you.

What I also want to just bring to your attention. We did launch our new website. We cleaned it up, basically did an uplift to it. It’s now out there available. We encourage you to come visit the website, and also on the website. You’ll see what’s happening – our events calendar, and we encourage you to take a look at that. You’ll see what’s coming up. And come join us. We look forward to your participation, and we look to really start focusing on delivering greater value at these events. We hope you see that and experience that when you do participate, and the last thing I’ll say is to those of you that are on the call today. They’re not members of the chapter. I would encourage you to look us up and look into us. Take a look at the website, reach out. If you have any questions. We’d like to see you come, join us in the chapter. Talk to Joe Napoli. Joe is here. He’s on mute. But Joe is our chapter executive director he joined us earlier this year. He’s been doing a terrific job, and he’s a great resource for you for questions, and can help you navigate some of the things that we’ve got on our calendar and what we’re doing, you know, as a chapter.

Q&A

I think that’s about it. So with that, I wanna just once again, thank you. We do have questions?

Lisa Magill, Esq: some of the questions.

Michael Poorman: Yeah. So some of you could drop off if you don’t have any questions that want to stick around. But we do have about 3 questions in the queue. So I don’t know how logistically, we’re gonna address a lot of these. So we do. We want to open this up, and. you know, open up mic here, and we want to try to tackle this.

Lisa Magill, Esq: About the presentation and the slides. So we’re gonna send out a copy of the presentation to everybody that registered today. I don’t know exactly if you can download the slides from the recorded webinar. But if you really need if you really want a copy of the slides, you can always reach out to me or one of the other panelists here today, and we can Pdf it and send it to you that way, because we want you to have this information. We want to be able for you to be able to share it with your fellow directors, and also just to be able to have it as a little bit of ready reference. But remember, we just scratched the surface here today. So we didn’t go through the 124 pages of different things you know, with all the minute detail.

Jason Schoenholtz, CAM, PCAM: So, and Lisa there will be, I think. CAI puts out a end of session, wrap up once everything is signed and sealed and delivered. And we’ll we’ll definitely be able to provide that, too. But that’s well, that’s a little bit down the road, guys.

Michael Poorman: Yeah. And that could also, Jason, be viewed on the CAI National website, too, under the advocacy dropdown you could find in Florida. And you’ll see that posted there, too. Once that’s available.

Lisa Magill, Esq: Well, okay, so I mean, let’s try to tackle a representative sampling of them.

Q. What Permits Does my HOA Need to Post on the Website (for ongoing construction, etc)

Lisa Magill, Esq: So one of the questions of relates to an HOA. And of course the lots and the buildings dwellings are individually owned. So there was a question about the permits for ongoing construction. So the HOA website requirement, I’m not sure for whether it even contains permits as one of the listed items that needs to be posted. But that would pertain to permits obtained by the HOA for work being performed by the HOA, and the same is true on a Condo when you, when it says you have to post permits. That doesn’t mean you need to post every single owner’s permit for redoing their bathroom or their kitchen. You’re posting the permits related to work on the common elements that the Association has a contracted for.

Q. What happens if an owner says they don’t want to go to the website to get the records?

Lisa Magill, Esq: Now this is a question that I really like. What happens if an owner says they don’t want to go to the website. They want you to call through all the records, make them a nice list and have the checklist. Well, the statute now says specifically having the documents posted on the website is sufficient. Now, I would encourage you. Some people are just not, they don’t have the wherewithal to use the Internet. And I think you know you, you’ll know whether or not that’s the case, or whether someone’s just being obstinate. So to the extent that you need, put them on the website, they’re there. Give them their password, and if anything, you can give them a little bit of assistance navigating the website if it’s not as user friendly as you would like. But I do. I do want to encourage you like, where it’s appropriate, you know. Help people out if you can. Right?

Q. Confirming more than 25 units or more now require website?

Lisa Magill, Esq: Yes. for Condos. For HOAs it’s gonna be a hundred or more units.

Jason Schoenholtz, CAM, PCAM: Well, as of whatever it is. June.the start date. It’s not

Lisa Magill, Esq: Right. So for HOAs it has to be done by January 1, 2025, I think. For Condos. It was January 1, 2026. They get a little bit more time to do it.

Q. Can HOAs place restrictions on the appearance of vehicles that are now allowed in the driveways?

Lisa Magill, Esq: But here’s a question. Can HOAs place restrictions on the appearance of vehicles that are now allowed in the driveways? Rusty, dirty work vehicles, and can they mandate that certain trucks have covers to hide the unappetizing appearance? You know this is something that changed this year for HOAs. It did change. So if somebody’s got a work vehicle I’ve mentioned truly, Nolan, but it could be some kind of contract or could be a tree service could be, you know, long service. A person who has the signage on their truck advertising a lawn service, and they have the lawn mower and other tools and equipment in the back. You’re gonna have to allow them to maintain that vehicle on property. They can park in their own driveway, or they can park in legitimate parking areas, not areas where you’re not allowed to truck to park.

Now, as far as other types of vehicles. Dirty, rusty. And what have you? There’s a little bit of a of a difference of opinion as to whether or not or how far you can go in regulating the appearance of vehicles. Now, derelict vehicles, vehicles that can’t operate on their own power. Unlicensed vehicles, I mean those are certainly within your rulemaking and your governing power. Something that’s a little dirty or rusty, I think that is going to be subject to higher scrutiny, and it really has to be an eyesore for the association’s rules to be effective. I don’t know, what’s your experience with removing vehicles? I’ve actually had this where there are derelict vehicles on property. Nobody even knows who they belong to after a certain period of time, and we’ll have to get them towed off the property and try to do whatever we can to locate the vehicle owner. But it’s not as often I do have many more clients that complain about people that have equipment in the back of their truck, or people that have panel vans, or the people that have signage on their cars. And for the HOAs now, it’s going to fall by the wayside for the time being.

Jason Schoenholtz, CAM, PCAM: Agreed. Yeah. it’s gonna be interesting. There’s a number of communities that that’s a big deal in.

Q. For Board Members, where do we get the 4 hour class? Can this 4 hour class be spread over to several days and sessions?

Lisa Magill, Esq: So another question we have, actually more than one person raised this, where do we get the 4 hour class? Or can this 4 hour class be spread over to several days and sessions? I don’t. It doesn’t say. But I don’t see why not.

Jason Schoenholtz, CAM, PCAM: I think it’s gonna have to be to your point earlier, Lisa, there’s just only so much big information somebody can retain.

Q. Does an online resident portal count as a website for purposes of complying with the law?

Jason Schoenholtz, CAM, PCAM: Somebody asked about an online resident portal. Yeah, I think you’re gonna be fine there. Either way, it’s written as as long as it’s a web accessible either by phone or something. So it looks like, you know, if you want to call it a portal or a website, it’s ultimately the looked at as the same thing. So you should be fine there.

Michael Poorman: Wasn’t the key point there was the documents, the use of that portal or that website, you, whatever documents? That’s the sole driver isn’t that? Isn’t that correct? So that the the purpose of the website, it’s more of what the website is intended to do, which is a location for documents – location for information. So whether it’s a portal or a website isn’t the key point, you’ve got to be able to have electronic access where the owner or resident can retrieve it. It’s a mechanism type of thing.

Jason Schoenholtz, CAM, PCAM: Yeah. A secured document repository is really what they’re looking for.

Lisa Magill, Esq: Right. It can be like an Intranet type of thing, or a portal.

Q. If we already voted to waive the financial audit for this year, do we still need to do it?.

Lisa Magill, Esq: Here’s one about the financial audit. So this owners Association waived the audit for 5 years, they plan to vote again for this year. If this bill will go into effect, if it becomes law in July. So if you’ve already voted to waive your financial reporting for 2024, because we’re in the 2024 year. Then I would say that that would carry through fruition, but for the 2025 year you’ll be obligated to have the audit performed.

Q. When will the pilot program for My Safe FL Condo ramp up and how do we join it?

Jason Schoenholtz, CAM, PCAM: Somebody asked about the pilot ramp program. We don’t really know yet. We’re all kind of looking forward to seeing what it’ll look like. So just keep an eye on it. I’m sure we’ll as soon as CAI knows something about it. We’ll definitely put stuff out about it to Lisa’s point, if you know anything about those might say for Florida things start gathering documents now because they will go fast.

Q. Are there going to be any protections to protect CAM managers’ jobs for reporting any wrongdoing under this new law, from board members or property management companies?

Michael Poorman: There’s one question in here that, I’ve heard quite often. It’s coming from the CAMS which is, are there going to be any protections for CAMS, managers jobs for reporting any wrongdoing within this new law, from board members or property management companies. Are there any protections?

Lisa Magill, Esq: Right? That was one of the things we were able to defeat, because it really put the onus on CAMS to report for illegal activity. Well. first of all, I is it even appropriate for the State to require CAMS to know every single illegal activity. When what’s the extent of that? If somebody’s smoking pot does that mean that the CAMS gotta report it, or they have to find out if they have the license, or what have you so really, that really needed to be tempered. It’s really now the division will report to law enforcement. If they see evidence of suspected fraud, suspected embezzlement, or the suspected, even maybe fraudulent voting activity. For the HOAs, You don’t really have a way you don’t, the division is not going to, doesn’t have the authority to investigate those types of complaints. So if there are, or you do suspected have evidence of fraudulent voting activities. My suggestion would be to contact your local law enforcement authority.

Q. Do we have to publicly post owner ledger data on our website for all other homeowners, the DBPR and law enforcement to see?

Lisa Magill, Esq: So this question here about access to ledger data, not just the balance sheet for both types of associations. For each of these Condos and cooperatives, if there are any cooperative community leaders on here. It’s not necessarily required to be posted on your website, actual individual unit ledgers. I don’t recall offhand but you, as unit owners do have access to that information. So you go through your official records process to request owner ledgers or into or evidence and documents, reflecting expenditures and receipts on the part of the Association, and you’re entitled Service. You’re entitled to review all of that information. So it’s logistically, actually a little bit more cumbersome on the part up on the part of the Association or the management company, because now, instead of just printing a general ledger or printing a payable report for a specific vendor. Now you actually have to go back into the records and pull out the invoices. You know, if the owner demands to see the actual invoices.

Q. What if there is a local municipal ordinance that counteracts one of the laws here? Does it overrule this law? For example, in Palm Beach county, garbage cans cannot be put out before 3 the day before garbage pickup.

Michael Poorman: Lisa, I have one here that may be relevant here. It’s referred to as Palm Beach County. They have a rule. I’m assuming that they’re talking about trash cans here in garbage containers. But you can’t put it out before 3 the day before. I know here in the city of Weston. We also have ordinances. The city Weston has. where you’ve got to have certain time frames that you can put your can out and then you got to have it back in and you’ve got to have it stored a certain way. Does this change in the HOA bill that you presented here, does that supersede what the cities with a local governance, or what do you want to call it, and what the local government requires?

Lisa Magill, Esq: No, they’re independent of each other. So the local government. But that doesn’t mean that the Association has the ability to enforce the governmental ordinances. So the association can enforce its own rules. Its own rules cannot prohibit the 24 hour period on the front or the back of the garbage day. But the city can certainly have its rules and enforce them, however it so chooses. That’s a good question. Actually. Some of the cities now are prohibiting using the gas blowers. A lot of places in Palm Beach County don’t let the landscapers use gas blowers. And I’ve never had an association regulate that. But I can see association and the noise. It’s really cause of the noise purposes. Okay.

Q. What is the start date for these laws to take effect (if the Governor signs them)?

Jason Schoenholtz, CAM, PCAM: The start date for most of these. Lisa is June. If I’m correct?

Lisa Magill, Esq: July 1. It would be July one. I don’t. I don’t remember if any of them had specific other dates.

Q. When does my condo association need to send out copies of all the documents to the owners?

Lisa Magill, Esq: So the requirement. So there’s a misnomer here, because the requirement to send copies to the documents to each homeowner, that’s HOA that’s not Condo. Now, everyone should have a copy of their governing documents. You should get them when you buy the place. You can get them from your HOA or Condo association at any time you can get them from the public records other than the rules and regulations which may not be recorded. But this places another, it’s a fresh start for the HOAs, it’s saying, for HOAs: Send out all the records, all the docs right now before October 1 of 2024, and then make sure that you send out any newly adopted rules, or any newly adopted covenants or changes to the articles and bylaws. In a Condo, again, you do have to send out those changes to the declaration articles and bylaws, because you need to have membership consent, so they need to be able to see them beforehand, and most associations either send a copy of the recorded notice, showing that the amendments been recorded. So people have accurate records in their house, or at least a notice that says, Hey, our amendments now effective because it’s been recorded.

Q. Does this mean any homeowner can now gain direct access to the association’s lawyer or CAM to ask questions?

Lisa Magill, Esq: So this is a question we get a lot. So owner controlled access to the association lawyer or CAM to ask questions. Now, vendors that perform services for the Association deal with the Board of directors. Why is that? Because an association is a corporate entity and a corporate entity can only take action through its board of directors, unless, of course, a membership vote is required for specific actions or specific items. So when you have a vendor, those vendors are gonna deal with members of the board of directors unless the Board authorizes them to do otherwise. And I’ve had this problem in the past where owners would try to contact the contractors or other vendors and say, and tell them they’re doing a bad job, Or why didn’t your guys show up, or you know you left the chicken bones in front of my house, or whatever it is. And really that can actually turn off your vendors. It can make it more difficult for the Association to find qualified people to work with them. Those issues need to be addressed with the board, and the Board needs to be able to decide should it bring, invite the vendor on property, so they can answer all these questions, especially with these monster contracts, these big concrete contracts, and you want the engineer to come out to the property and the contract to come out the property. Talk about then the scheduling, and you know where the equipment’s gonna be stored and what kind of you know? When’s the noisy work gonna take place? And when’s the messy work going to take place?

Same thing is true with the attorney. The attorneys especially, have an attorney client privilege that’s protected by both the attorney and by the client. So it’s up to the client to determine whether the attorney can have any communications with with third parties and individual unit owners would be considered third party. So you can think about it like another. A corporation where the ownership of the corporation has a a an attorney. So there’s an attorney for Exxon. Well, all the shareholders and all the employees of Exxon are not gonna be able to contact the attorney. It has to be members of the control group. Now on the HOA side with the CAMS, the CAM does have to provide you with that specific information. But even on Condo the CAM is generally there to field many of the questions that would otherwise be posed to the board of directors, I mean the CAM is there to really facilitate all operations and carry through everything that the board desires to get done? So you should have some kind of communication with the CAM. There may be rules, I mean, there may be limitations. One owner in one community. It’s unfair for them to be able to usurp all the CAM’s time, particularly if they’re if they’re roving or they do portfolio work, and they work for 5 different communities. But go back to those original slides that we talked about with 1203. That says exactly what the CAM has to do. They have to provide you with a copy of their contract. They have to tell you who’s going to be working on your file, and they have to give you the hours of availability for your questions or concerns.

Q. Were there any changes in the laws passed last year regarding the SIRS or Milestone Certifications? Have the expected dates changed?

Jason Schoenholtz, CAM, PCAM: Lisa. There’s a good question here, and it it’s worth pointing out there. There was a question if there were any changes to the dates related to milestone or so, or structural integrity reserve study. That was something a lot of people were looking for and I think it’s important to point out that there were not. So if you haven’t started moving forward with those milestone reports, those Structural Integrity Reserve Studies (SIRS), you’re behind the clock at this point. It’s important. You need to make sure that it’s moving.

Lisa Magill, Esq: especially with the SIRS. Now, the same thing of, obviously the milestone. Every city is treating the milestones a little bit differently, and if you’re in Miami Dade and Broward, and if you just completed your 40 or your 50 or 60 your certification. You may have a little bit of a reprieve, because the law does allow the building department to have a 5 year look back. So if you did your 50 year recertification in 2022, you may be able to use that report for your milestone purposes, but for the SIRS, remember, you can’t. If you’re a community that’s required to have a SIRS, that means that you’re 3 stories are higher, you can only move or waive reserve funding until the end of this year 12/31/24. So you don’t want to wait and get your SIRS report on 12/15/24, because you may have money in reserves dedicated to non-SIRS components, that you want the members to vote, to move into the SIRS components, to minimize or reduce your mandatory funding obligations.

All of the reserve providers, of which I’m aware. I mean, they have wait lists right now, but they’ve hired additional forces, and they’re getting people out there, and they’re getting this work done. So to the extent you can, you’re gonna be far better position if you get your SIRS report by the end of the summer, so that if you do need to move any money around you’ll have time to get the notices out to your members and have them vote to move that money around.

Jason Schoenholtz, CAM, PCAM: You also need to realize that it’s becoming an important component of a sale. At this point the realtors have gotten into it. Buyers have heard the buzz word. So it’s pretty critical.

Q. When do we have to cancel our HOA’s debit cards?

Jason Schoenholtz, CAM, PCAM: Question about the HOA debit cards. Yeah, that’s gonna be just like the Condos. They can’t do them anymore. So if and when this law takes effect, it’ll go with that June start, that that start date, that why do I keep saying June? The the start date, July 1. I’m moving everything forward, guys. Sorry.

Q. How deep do we have to go when reporting conflicts of interest. Does this apply only to the Board or also the CAM or the Management Company?

Lisa Magill, Esq: There are some questions about the conflicts and the service providers. So think of it as generally as you can. If a board member or the manager or management company is going to derive a benefit by you contracting with them. Then I would call that an interested service provider, and it’s also true of like their spouse. So if the management company owner spouse, owns a painting company again. It’s not the management company, but if their spouse and they’re gonna derive a benefit, if you if you contract with them now, it doesn’t necessarily mean that it’s a bad thing. I had a client where the property manager, she was an individual manager. She worked there for 20 something years, and her husband was a painting contractor. And let me tell you something. Every 7 years they went out for painting bids, and the bids were sealed. Lisa Magill: And her husband always bid, and his bit was not necessarily the lowest. But the board chose that bid. Why? Because they knew those workers were gonna be white like white on rice when anyone said anything, because it was the boss’s wife that was the property manager. So not only did they get workers that were very attuned, and knew that they had to be spot on with everything that was done. They also got some additional work performed, and they would come back to do even more clean up work, and it wound up working as a win win for both of them. So it’s just a matter of disclosing it. It’s just the disclosure. And really, how can you, as a board member, make intelligent decisions unless you have the information that’s necessary to make that decision. There are big management companies out there that have been able to negotiate favorable contracts with other types of providers and it may work out better for you. But you just, you want to be able to know that there’s that relationship. And whether or not there’s gonna be anything otherwise associated with the service provider.

Thank you!

Michael Poorman: So I think we’re out of time folks. I’ve got within about a minute. So in closing, I’d like to just remind everyone. Please visit our new website. If you’re not a member, please consider joining, Join us so you can participate in more of these in the future. And lastly, if you have any questions, reach out to Joe if you have any questions or any additional assistance whatever you want to on behalf of the panel. Just want to thank everybody for spending the last hour and a half with us taking your lunch time. and we hope you found this to be a very good use of your time, and you’re gonna walk away with some things that you didn’t know coming in. So once again. Thank you very much. And you all have a very nice day.

Lisa Magill, Esq: Thank you.

Jason Schoenholtz, CAM, PCAM: Thanks. Everybody.