Community Association Matters

Most of us move in to homeowner associations because we want to live in a neighborhood where owners have a minimum requirement to maintain their home. Can you imagine your neighbor painting their home in bright purple? Without the association's governing documents, the association may not have a way to enforce a color scheme or worst may not have a way to maintain the common areas in the community.

In this week's podcast of Community Association Matters we interviewed Daniel Lopez, Esq. an attorney with the Law Offices of Frank Perez-Siam, PA to discuss the Marketable Record Title Act (also known as MRTA) and the impact it plays on the validity of homeowner association governing documents. This podcast is full of valuable information and explains step by step what your homeowner's association must do to renew their governing documents. Daniel also tells us what HOAs must do should their governing documents expire.

Don't miss out on this important episode.

I have been in this industry, in one capacity or another, since 1992. I remember that Florida Statute 718 was virtually re-written around that time. It was then that the manner in which condominium elections are held was changed to they system we use today. I recall that when the change came forth, the new regulations were so rigorous that it was frustrating. However, like anything else, once you get used it, you can't imagine how life was before it came along. In 1992, the number of condominium associations in the State of Florida was growing at a fast pace. Most of the new construction was either a condominium or planned unit development. As the number of condominium associations increased, so did the need for regulation. Since then there have been several changes to 718. In some years, the changes were minor; in other years, such as this year, there were sweeping changes that have had a tremendous impact on our industry.

This year, House Bill 1237 signed by Governor Rick Scott, is bringing forth more strict guidelines for Board members and CAMs. To help us break those new guidelines down, we invited Maria V. Arias, Esq. of Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars, & Sobel, PA to join us in this week's podcast of Community Association Matters. We begin by discussing a new section added to the Florida Statutes, section 718.71, which now requires associations to provide the Department of Business and Professional Regulation (DBPR) with a list of the names of all financial institutions in which each association maintains bank accounts. A member in the association can request a copy of this list from the DBPR.

The bill, however, mostly made changes to section FS 718.111. One of the first changes is that the Statute now clarifies what a kickback is and that the guilty party can face criminal charges in addition to civil penalties. Per Maria, "the emphasis of this bill…has to do with making it clear to directors, officers, vendors, in relation to the association, including the management companies…that you will be exposed to potential civil as well as criminal penalties" if you do not follow the law.

These changes are in response to the recent reports of election fraud and other abuses. The Florida Legislature felt that it needed to add specific language in FS 718 to clarify that certain acts are criminal. For example, FS 718.111 now includes language referencing other sections in the Florida Statutes that state that forgery is punishable as a felony. It specifically includes language that forgery of a ballot envelope or voting certificate constitutes as forgery and it is a felony in the third degree that carries a 5-year prison term and/or a $5,000 fine. Theft or embezzlement of association funds has always been a crime but again, section 718.111, now specifically has language to emphasize this point; and adds that it is punishable depending on the amounts stolen.

The Statute now makes it a criminal offense to destroy or refuse to allow the inspection of an official record of the condominium association. Refusing an owner his right to inspect the official records within the period required by law can also be punishable as a third degree felony. Maria states that she feels these changes are "intended to place some controls and to let people know that it is serious business; if you want to govern, you are going to have to do it correctly. And if you don't do it [correctly] or if you do it [incorrectly then it] leads to criminal charges." In this regard, Maria highly recommends that associations consult their attorney for establishing a policy in dealing with records requests.

The Statute also added new requirements as it relates to a Board member's eligibility to serve on the Board. It now states that an officer or director charged with a crime referenced in the changes specifically stated in the Statute, presumably related to theft, embezzlement, forgery, destruction of documents, etc., must be removed as a Board member and the vacancy must be filed by electing a new board member, unless the association's governing documents state otherwise. According to Maria, most condominium By-Laws require that vacancies be filled by appointment to be done by the remaining directors. If there is a criminal charge pending against the officer or director, he or she may not be appointed or elected to a position on the board.

If the charges are resolved without an adjudication of guilt, then that individual must be reinstated for the remainder of his/her term. There are several ambiguities with this section of the law. Maria recommends that condominium associations discuss this provision with their attorney to prepare specific guidelines as to how to implement this at the next Annual and Election Meeting. She adds that she feels that these changes are intended to ensure that individuals who serve on a Board of Director or who are thinking of joining a board understand that they must perform their duties correctly and consult their attorney if there is a doubt.

The Statute further prohibits an association from hiring an attorney who represents the management company of that association in question. In addition, it prohibits a board member, manager, or management company from purchasing a unit in foreclosure sale resulting from an association's foreclosure of its lien. It also prohibits these parties from taking title by deed in lieu of foreclosure. Official records now also include bids an association receives for materials, equipment, or services. Furthermore, renters of a unit are now allowed to inspect and copy the association's bylaws and rules.

One of the biggest changes from HB 1237 is the requirement that condominium associations that have more than 150 units (excluding time-share units) are now required to have a website by July 1, 2018. The website must independent and wholly owned and operated by the association; or the website must be operated by a third-party provider. The association's website must have the following documents posted:

• The recorded declaration and bylaws, the Articles of Incorporation, and any amendments;
• Rules of the association;
• Management agreements, leases, contracts, and bids;
• Annual budget and proposed budgets to be considered;
• Financial report and any proposed financial report to be considered;
• Director certifications;
• Contracts or documents regarding conflicts of interest or possible conflicts of interest between an association and is directors;
• Unit owner meeting notices and agendas (these must be posted at least 14 days in advance of the meeting, in plain view on the front page of the website, or on a separate subpage labeled "notices" which is conspicuously visible and lined on the front page);
• Documents to be considered and voted on during owners' meetings and documents listed on the agenda (must be posted at least seven (7) days before the meeting at which the document or information within the document will be considered);
• Board meeting notices, agendas, and materials must be posted in accordance with FS 718.112, which is typically 48 hours in advance of the meeting;

The website must also only be available to owners and employees of the association and cannot be available to the general public. The association must provide an owner with a user name or password to access the private section of the association's website. Maria has a specific concern as it relates to the posting requirements on the website related to members' meetings and agendas. In particular, if an association meets all of the mailing requirements under the statute related to special meetings and board meetings but fails to upload the notice on the website as required, is that association not in compliance and required to properly post on the website? This question cannot be answered now. She hopes that the Legislature will take corrective action and clarify this point.

The Statute now requires condominium associations with 50 units or less to prepare a report of cash receipts and expenditure. Lastly, an association, its officer, director, employee, or agent cannot use a debit card issued in the name of the association or billed directly to the association for association expenses. There are many more changes that will be discussed in the next podcast of Community Association Manners.

There are many factors that contribute to your condominium or HOA unit's property value. One of the fastest ways to impact property values in your association is by revamping your community's landscaping. New bushes, seasonal flowers, and fresh mulch can go a long way in helping your community stand out. Buyers pay very close attention to a community's entrance and their overall upkeep when considering buying a home in a condominium or homeowner association. To keep your newly landscaped area looking its best, it is important to ensure that your association's irrigation system is working properly.

In this week's podcast of Community Association Matters we interviewed Laura Vasquez of the UF/IFAS Miami-Dade County Extension to help us understand the different components of an irrigation system and how to ensure that it is working efficiently. The Miami-Dade Extension has several programs, one of which is the Urban Conservation Unit where members of the team come out to condominium and homeowner associations to evaluate ways that they can help conserve water and provide participating associations rebates. Essentially, they review an association's irrigation system, its design, the timers, and other components. The team then makes recommendations as to how your irrigation system can become more efficient and reduce waste. The association also receives rebates and irrigation equipment to help continue the water conservation efforts.

Irrigation plays a pivotal role in ensuring that your plant life is healthy, because it provides one the most important resources a plant needs, water. Laura explains that even in the summer months associations should run their irrigation system. The reason for this, she adds, is that rain normally falls once a day, so all of the water comes in one period in the day. The evaporation rate is so much higher in the summer months due to the high heat index. In addition, the soil is not able to retain all of that water and as a result, the excess water runs off. Thus, plant life do not receive the nutrients it needs. Ideally, it is best to hand water your plants because you control how much water you give and for how long.

Unfortunately, in today's hectic day and age, hand-watering is not feasible; not to mention impossible in associations with vast green areas. The problem with irrigation systems is that people usually set them but do not check on them regularly. The system could come on when not needed; there could be a broken pipe that is undetected; or the direction of the sprinkler heads can overlap. It is important managers, maintenance staff, and even Board members be familiar with the community's irrigation system to ensure that your system is working efficiently and correctly. An automated system is great and has tools that can help you do a better job of maintaining your irrigation system. And yes – there's an app for that!

Weather devices such as a rain sensor, backflow preventer devices, and irrigation sub meters are important parts to help conserve water and make sure that your system is working well. In addition, these components help ensure that you are not overwatering your plants, as that too can be harmful to plant life. It is also important to understand that the soil in South Florida is very different throughout the different regions. For example, the soil in Homestead is vastly different from the soil in Miami Beach. Your irrigation company and/or landscape company should have a basic understanding of this to help your condominium or homeowner association prevent run off.

One of the ways that the irrigation industry is helping in conservation efforts is through technology. There have been tremendous advances in irrigation technology. For example, there are Smart Controllers such as Evaporation Transpiration (ETs) that allow us to enter the amount sod we have, the different types of plants in a zone, the soil type, the type of sprinklers in a zone, and the location of that zone as it relates to sunlight and topographic layout of the area (if it is flat or has a slope). All of this information is calculated, along with the amount of rain and temperature. It then regulates how much water that zone needs based on all of this information.

Soil moisture sensors are separate to the Smart Controllers. These sensors go underground and should be located in numerous locations throughout the community. It then sends a signal to the timer in the morning letting it know how much water that soil received that day and if the soil has reach capacity. A message is then sent to the timer so that it does not turn on. Both of these systems are extremely effective and have been proven to save 50% of water consumption.

In addition, flow sensors let us know when there is a break in a sprinkler line. Flow sensors are attached to the smart controllers and it turns off the timer in that zone when the water flow is above the average water flow for that zone.

In ensuring that your community's irrigation system is working properly and efficiently, you do your part in helping save water and helping your plants flourish. The UF/IFAS Miami-Dade Extension can come out to your condominium or homeowner association for a free evaluation of your irrigation system. Many of our associations have taken advantage of this initiative; we highly recommend it. For more information, you may contact Laura Vasquez at (305) 248-3311 extension 239 or visit their website. As always, there is a lot more that is discussed in the podcast. Click here to listen to this week's episode and to subscribe to future episodes.

I had a very difficult time passing the science courses in college. In fact I struggled so much that I had to drop it twice and failed a third attempt. I knew that it was impossible; and certainly wasn't for lack of trying. I was so pleased when I learned, that as an alternative, there was an Environmental Science class that could substitute the biology requirement; and an Environmental Pollution class that substituted the chemistry requirement. I knew that was my way out. Those classes were by far the most enjoyable classes I had taken. Not only did it provide me with a thorough understanding of the natural environment in South Florida it also gave me a new appreciation for our environment.

So for this week's podcast, I invited Henry Mayer of the UF/IFAS Miami-Dade County Extension to join us and talk about how the environment impacts our condominium and homeowner associations and what we need to do to safeguard them. In particular there is a great concern that there is too much development and construction in South Florida and that it can have a detrimental impact one of our most valued resources, water. Per Henry, we have 5 million acres of lawn in the State of Florida and we need to manage our resources carefully to ensure that we are not wasting water. Water of course has a tremendous impact on our lives and provides a lot of the nutrients plants need to keep their cell content.

It is important for those of us managing irrigation systems in our communities, be extra careful that we do not over water our plants. In conjunction to water, plants need good soil to provide plants with additional nutrients they need to grow. Henry further adds that non-native plants, such as Ixoras, Magnolias, Foxtails, and Gardenias tend to do very poorly in South Florida because our soil is very alkaline. He then clarifies that compacted soil, which means that the soil has lost all of its nutrients is caused by machinery, when you park your vehicle on the grass, or you regularly walk on a trail.

In addition to water, nutrients and soil, a tree's root system plays a major role. When seeds germinate, early in plant's life cycle, they produce roots going down; but those roots in South Florida tend to die very soon because our water table is very high and they do not have enough oxygen. When this happens the lateral roots grow. Lateral roots are very close to the surface and are very important as they provide anchorage to the tree, allow for storage of nutrients, and help absorb water with additional nutrients. Henry adds that most roots are in the top 2 to 3 feet of soil. There are some roots that often times grow above the surface. Henry informs us that this happens because the tree is looking for oxygen.

Unfortunately, in communities, lateral roots are a major tripping hazard. This is especially true in older communities built many years ago where developers installed Black Olives because they grew fast and provided a lot of shade. A Black Olive's root system is extremely invasive and can often times cause damage to the plumbing lines, lift up pavement or sidewalks that can cause a tripping hazard, and, in some extreme cases, the roots can cause structural damage. To help reduce liability in your community, you can cover the roots with either 1" to 2" of gravel or with no more than 2" to 3" of mulch. Because mulch decomposes it should be reapplied every 6 months. If the roots are so invasive that you must cut them, he recommends that you stay away more than 5 times diameter the trunk. He provided an example: a tree with a 20" diameter multiplied by 5 equals 100" or 8 feet. You should not cut any roots within those 8 feet that are close to the trunk. Those roots are anchorage roots and they help stabilize the tree. If these roots are cut the tree's stability is compromised, especially with Tropical Storm or Hurricane winds.

And while we are discussing Tropical Storms and Hurricanes, Henry recommends that trees be trimmed before Hurricane Season. He stated that the general guidelines require that not more than 25-30% of canopy be trimmed in any one event. There are different techniques used by arborists to reduce the canopy but one cannot "hat-rack" the tree. He adds that arborists should provide specific information as to how the branches are going to be cut.

We all know that landscaping is one way to miss a big impact on a community's value. In order to have a successful landscaping project, the way your trees are planted play a big role. I know I have never had a green thumb; and have killed every plant I've ever received. I now know that it is because I was making my planting holes too deep. Henry informed us that you cannot plant trees too deep because this prevents the tree from getting the nutrients it desperately needs and the roots do not develop. The other consideration is the planting hole has to be three times wider than the root ball. In addition, new plants need a lot of water for the plant to really grow.

The team at the UF/IFAS Miami-Dade County Extension is able to come out to your community free of charge to conduct an assessment of your common area and help you learn what you can do to improve the landscaping plan in your community. For additional information you may visit http://miami-dade.ifas.ufl.edu/. There is so much more information provided in this podcast, click here to listen to it in its entirety. For more information on how Allied Property Group can help your community, call us today at 305-232-1579.

By: Ana Sanchez Rivero, CAM

Estoppel letters or certificates are often prepared by an association's management company. It should normally include the name of the owner, property address, monthly dues (whether regular or special), any fees due upon transfer, balance due, pending violations, and insurance information. Senate Bill 398 signed into law by Governor Scott, which goes into effect on July 1, 2017, now requires that in addition to that information other information be included, and regulates the fees that can be charged by an association and/or its agent in preparing an estoppel letter or certificate. In this week's podcast of Community Association Matters we reached out to one of the leading condominium and homeowner association firms in South Florida to help us decipher the new law.

Maria Victoria Arias, Esq., an attorney with Siegfried, Rivera, Hyman, Lerner, De La Torre, Mars, & Sobel, PA was kind enough to discuss the numerous requirements mandated under this bill. The estoppel certificate or letter must now be provided "within 10 business days after having received a written or electronic request from a unit owner, the owner's designee, a unit mortgagee, or the mortgagee's designee."

In addition, the Association is required to designate a person or entity on their website as the one who is responsible for receiving the estoppel requests. The website must include the name of that person or entity, their street address, or email. The certificate must then be hand delivered, mailed or emailed to the entity that requested the estoppel certificate or letter on the date that it is issued. The statute now modifies the fees that can be charged to: $250 for the estoppel letter or certificate; an additional $100 for an expedited request (expedited means that the estoppel letter or certificate will be provided within 3 days); an additional $150 can be charged if the account is delinquent. The statute also stipulates a range that can be charged to owners of multiple units.

Maria adds that the statute also requires that the estoppel certificate contain:

• Date of issuance;
• Name(s) of the unit owner as reflected in the records of the association;
• Property address to include unit number;
• Parking or garage space number, as reflected in the books and records of the association;
• Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection. No fee may be charged for this information;
• Fee for the preparation and delivery of the estoppel certificate;
• Name of the requestor;
• Assessment information and other information to include regular periodic assessments, interests, paid through date, due dates of all items, including other monies that could be owed. This information has to be itemized and detailed.
• Other information to be included, in a "yes or no" format:
  • if there is a capital contribution, transfer fee, resale fee, or other fee due;
  • if there is any open violations of the rules and regulations;
  • if there is a right of first refusal; if yes, do the members or the association exercise that right;
• Provide a list of and contact information for, all other associations of which the unit is a member;
• Provide contact information for all insurance maintained by the association; and
• Provide the signature of the officer or authorized agent of the association.

Maria further adds that the statute now states that the estoppel is valid for 30 days. If the estoppel certificate is sent via regular mail to the requestor then it must be valid for 35 days.

Maria expressed a few concerns over a few of these provisions. For example, the parking space assigned to a unit is information that is often not recorded with the governing documents and is often lost in the transfer of documents. Maria clarifies that the statute says "as reflected in the books and records of the association"; but the question becomes that the statute does not say what that document should be. Often times, an association uses an Excel spreadsheet that may have inconsistencies and may be invalid. Maria recommends that associations reach out to their association's attorney so that they can prepare some language that can be added to clarify this in the estoppel certificate or letter.

The other concern that was discussed is the issue of a transfer fee. Maria clarified that the transfer fee is used interchangeably with application or screening fee. Maria expressed that associations should consult their attorney to determine whether this is something that the association even has a right to charge this fee. Maria adds that there is a 2-prong test. First, the association must have the right to approve the sale or lease in their documents. Secondly, the documents have to state that the association can charge a transfer fee for that provision.

Maria tells us that with regards to the right of first refusal, if it is stipulated in the documents, then you must answer yes, because of the way that the statute is requiring the question be presented on the estoppel certificate. Maria suggests that if the association is waiving their right of first refusal that they contact the association's attorney to prepare a waiver. Again, she stresses that this is another area that should be consulted with the association's attorney.

For information on how Maria V. Arias, Esq. can help your association click here or you may call her at (305) 442-3334. For information on how Allied Property Group can help your condominium or homeowner association navigate thru these changes, call us today at (305) 232-1579 or visit our website at www.alliedpropertygroup.net.

It's that time of year again! Yes budget season. It's time to begin reviewing the financial reports and begin calculating costs for next year's projects. Condominium and homeowner associations are governed by many regulations; budget reporting is one of them. It is important that the Board of Directors of your condominium or homeowner association understand the various elements that make up your community's budget. To get an expert's point of view, in this week's podcast of Community Association Matters, we invited Pierre Vilme, CPA of Gerstle, Rosen, & Goldenberg, PA.

Lets start with the basics. Budgets should be prepared by someone familiar with financial reporting. To ensure that your budget is based on actual figures you should start by pulling the most current financial report. Pierre recommends that associations review their August or September financial report, which will give them 8 to 9 months worth of financial information. Budgets must be prepared annually and before the end of the calendar or fiscal year. Pierre stated that he has seen situations where associations do not approve a budget before the end of the calendar or fiscal year and carry over the current budget into the next year. They then hold their budget meeting a few months later, this does not meet the requirement set by Florida Statutes. The budget should be finalized two months before the start of the next fiscal year. Pierre informs us that one way for associations to save time when preparing their budget is to write a description next to each line item and highlight the reasons for a variance.

All association financials should be prepared on an accrual basis. If an association prepares their financials on a cash basis, they must make the necessary adjustments to the reports before the end of the fiscal year and ensure that it is on an accrual basis. Although preparing financials on a cash basis is very common for many businesses, because associations have a receivables component, the financials must be prepared on an accrual basis. The association's receivables and bad debt are a very important consideration in preparing the budget.

In order to establish bad debt, Pierre states that Board members should be familiar and consider the association's business environment. For example, if owners normally pay within 30 to 45 days of being delinquent, those receivables should not be considered into the bad debt equation. However, those owners that are seriously past due for a year or more, should be considered. Because the financial statements are on an accrual basis and in order to ensure that you have reasonably accurate financial statements you must include bad debt to account for those owners that are not paying.

During the real estate crash in 2007-2010 many associations acquired title to some of the units. Because the mortgagee's foreclosure was pending, the associations often times rented those units. Pierre recommends that associations check with their attorney as to the best way to apply that rental income, but he suggests that it be applied to the owner's ledger. If the account is brought current said rental income minus that unit's monthly assessment fee should be reported as rental income and should be reflected on the budget accordingly.

Pierre notes that associations should also consider ancillary income, such as laundry income or valet income. Especially in a scenario where an association is allowing a laundry company to lease their laundry rooms; that laundry income is subject to sales tax. The same applies to valet income where the association is renting out parking spaces that are not assigned in the governing documents to an individual owner. Sales tax reports should be filed with the State of Florida on a monthly basis.

Florida Statute 718 no longer requires associations to perform a reserve study. The legislators are putting the burden on the board of directors and their fiduciary responsibility to being savvy as to the association's finances. However, Pierre recommends that associations perform a reserve study every 2-3 years. Condominiums are required to have roof, paint, and paving reserves plus any other components stipulated in the governing documents. In a reserve study an engineer will inspect the building components, such as the roof, concrete, and paint then plug in that information into a software that will allow them to determine the cost to replace that component and its remaining life.

There are two (2) methods in which to fund reserves. One is the straight line method and the other is the pooling method. In the straight line method you identify the component of each replacement item. The pool method still requires the association to know the cost of the replacement item but associations are allowed to pool the funds and are not required to break it down by component. However, there is no longer a benefit to choosing one method over the other. In both methods, associations are required to disclose how the funds were disbursed.

For more information on how Gerstle, Rosen, & Goldenberg, CPA can help your firm you may visit their webpage www.grgcpa.com or call Pierre Vilme at 305-937-0116. For additional information on how Allied Property Group can help manage your association please call 305-232-1579.

A lot of focus is normally given to hurricane preparation. It is important to prepare and make sure that your family has as much information as it needs in case a hurricane does hit. But what do you do during a hurricane? And what happens after? This week's podcast of Community Association Matters answers these important questions.

According to the Official Broward County Hurricane Preparedness Guide, when the storm arrives everyone should stay in a safe room. They identify a safe room as an interior room in your home without windows or doors. Good examples of this are closets, bathrooms or small storage rooms. Try to select a room that is central so that it is easy for everyone to access it. Clear out the room before the storm hits so that you are not doing that in the middle of the storm. Never open windows and doors; you must keep the wind out of your house. As Broward County's guide states, "buildings do not fail because of unequal pressures inside and outside…[Opening windows and doors] allows wind to enter the building and increases the risk of building failure."

I have often wondered what I should say to my small children should a hurricane hit us. It is recommended that you comfort your children and reassure them that they are safe. You should talk to them and explain what a hurricane is. Broward County has a link on their website that can offer help to parents as to what to discuss with your child and how to keep the conversation age appropriate. Encourage them to express their feelings. They can do this thru a variety of ways, by talking, drawing or even playing. In today's day and age where even young children have access to the internet, try to keep them from media reports. This can add unnecessary levels of stress, especially on a young mind.

I remember that after Hurricane Andrew my dad and I ventured outside of our house to assess the damage. I was in shock. We got lost right away as many of the street signs and traffic lights had been knocked down or blown away. So right after a storm you should stay in doors, unless it is an emergency. There will be downed trees and power lines. Some of those power lines may be live so it is important to steer clear. Report sparking power lines to 911.

Avoid standing water. In many cases, you will not be able to see what is underneath and you can step on a live wire, become injured with a sharp object, or get bitten by a snake. It is important to keep in mind that this water is contaminated and anything it touches can also become contaminated. Do not drink from the faucet until government officials have given the all clear. If your home has water damage, contact a licensed electrician and have them inspect your home before turning on the power.

If your home receives natural gas, you should evacuate immediately if you see a broken gas line or smell natural gas. Ventilate the area by opening windows and doors. Do not light matches, turn on any light switches or use the telephone. Immediately call your gas service provider. You should contact your gas provider before the hurricane hits for instructions on what to do.

Most hurricanes hit during warm weather and mosquitos can become a problem. You should take precautions by staying indoors at dawn and dusk; wear long sleeve shirts and pants to protect your skin; use repellent containing deets, except for children under two months. You should also remove any standing water as soon as you can.

After a storm, you should assess the damages to your property. You can best do that by taking pictures or videos of your home after the storm. Whenever possible it is better if you can document your personal belongings before the storm. This way you can document what you own and the condition of your personal property. If there is a storm surge, some of these items can float away. Having taken pictures before can help show your insurance carrier that you had the item. You should then report the damages to your insurance representatives.

Now if you are like me, you have become spoiled by air conditioning and the thought of spending one night without a/c is enough to drive you nuts! After Hurricane Wilma, I remember all of my family and friends going out and buying generators and we learned that generators bring forth a completely new set of problems. Broward's hurricane guide provides some important safety tips when it comes to generators. If you install a permanent generator, you must pull the necessary permits and it must be installed by a licensed electrician. Use the generator in accordance to the instructions provided by the manufacturer. Portable generators should be placed outside in a well ventilated area. Never place a generator inside a home – this includes garages, basements or crawl spaces.

Remember that we cannot see or smell carbon monoxide and it is deadly. If you begin to feel sick, dizzy or weak while using a generator – immediately get outside to fresh air and seek medical attention. If it is not feasible for you to have a generator it is important to stay cool. Keep an eye out for the symptoms of heat exhaustion.

Staying tuned is very important during a hurricane and can sometimes be very difficult so be patient. Expect delays in cell phone coverage. Use the phone for necessary calls only. Sometimes text messages get through when voice calls will not. Remember that you can also use your car charger to charge your phone.

Inevitably, after a storm there will be debris. Debris removal varies from city to city and from association to association. Priority will be given to debris that is blocking roads and that pose an immediate safety issue. It may take a days or even weeks for all of the debris to be picked up.

If your home is damaged and you wish to begin making repairs it is important to remember to check your governing documents to see what you can and cannot do without association approval. You can also contact your association's management company for additional information. Regardless, as we discussed in the previous podcast, it is important that you hire licensed contractors to do repairs and that you get permits from your local municipalities. You can check online to confirm that the contractor has a license and verify that he has insurance. Ask for references and verify those references. Check with the local building department to see if there are any pending complaints against the contractors.

There are several organizations that offer assistance after a hurricane. For more information, visit your local municipality's website for additional information. You can always visit alliedpropertygroup.net for how Allied can help your community.

In this week's podcast of Community Association Matters we had the honor of interviewing Edgar Estrada and Natalie French of the City of Doral and discussed with them the different steps that residents, associations, and businesses must take to prepare for a hurricane. Edgar is the Assistant Code Compliance Director for the City of Doral and Natalie is the Media & Emergency Management Specialist for the City of Doral Police Department.

Hurricane season runs from June 1 thru November 30th. Many of us know that there are 5 hurricane categories but not many know how these categories are determined. According to Miami-Dade County's hurricane readiness guide the categories are broken down as follows:

Category 1: sustained winds of 74 to 95 mph

Category 2: sustained winds of 96 to 110 mph

Category 3: sustained winds of 111 to 129 mph

Category 4: sustained winds of 130 to 156 mph

Category 5: sustained winds of 157 mph or higher

It is important to note that according to Natalie, most of the damage is not caused by wind, it is caused by storm surge and flooding. Other causes of injuries in a hurricane are live wires and medical emergencies, such as heart attacks caused by the increased stress level caused by disasters.

Some of the steps that condominium and homeowner associations should take are as follows:

• Trim the trees in the community. Edgar recommends that associations hire an arborist to determine the proper amount of foliage to be trimmed and where. By trimming the trees early the association can prevent a tree from becoming "top heavy" and falling down. It also prevents dead or lose branches from becoming lose and a projectile.

• Associations should also note that most municipalities do not maintain or clean the drains located in private communities. That role often times falls on associations. Condominium and homeowner associations should clean the drains in their community regularly. The City of Doral requires that drains be cleaned annually. Natalie suggests that associations check with their local municipalities because some municipalities offer debris removal after a hurricane even in private communities. The City of Doral offers this service but communities are required to sign an agreement with the city to implement this service in their community.

• Check your shutters and ensure that you have all of the screws and panels needed to properly secure the property. If you do not have hurricane shutters or panels, Miami-Dade County's hurricane readiness guide recommends that you use 5/8" plywood to cover windows and doors.

• Remove all furniture and lose debris around the community. This includes pool and patio furniture, arm gate posts, and potted plants. If you do not have room in your community for temporarily storing these items, Natalie recommends that the association rent a storage unit for a few days.

• Individuals should have enough supplies (food, water, medicine, and personal care items) for three (3) days. Remember to buy plenty of batteries, a radio that is battery operated, and manual equipment, such as a manual can opener.

If you are going to a shelter, it is important to check the county website for information as to what you can and cannot bring. Not all shelters allow pets, so it is important to plan accordingly.

After a hurricane, Edgar urges board members and residents to be careful when hiring a contractor after a storm. Many unlicensed contractors come by communities and come to affected areas to take advantage of the situation. He added that most repairs require city and/or county permits despite the fact that it is an emergency repair caused by a hurricane. In addition, many contractors increase their prices dramatically during a hurricane. This is illegal and you should report price gauging to the proper authorities.

The City of Doral also has an application called Doral Alerts; this application provides weather alerts. If you live in the City of Doral, you should subscribe. It is called Everbridge and can be downloaded for free as long as you have a smart phone. Natalie stated that you should check with your local municipality to see if they offer something similar.

For additional information, please visit the City of Doral's website at cityofdoral.com and click on Public Safety to access information on emergency preparedness. Below are links to additional websites with more information on hurricane preparedness. For information on how Allied Property Group can help your community please visit our website at www.alliedpropertygroup.net.

Miami-Dade County Emergency Management:

http://www.miamidade.gov/fire/emergency-management.asp

Florida Department of Emergency Management website for public information: http://www.floridadisaster.org/DEMpublic.asp

Florida Department of Emergency Management website for businesses:

http://www.floridadisaster.org/DEMbusiness.asp

Does your condominium or homeowner association feel under represented with the legislature? Do you wonder where some of the laws affecting your community may come from? In this week's podcast we interview Russell Robbins, Esq. from Basulto Robbins & Associates LLP and discuss the Community Association Institute. CAI, as it is commonly referred to, is the leading association for condominium and homeowner association across the country.

In this podcast we discuss the CAI's mission, their education program for Community Association Managers and Board members, their lobbying efforts, and much more.

What if there were a faster and more secure way of registering proxies at your condominium or homeowner association meeting? Well there is and in this week's podcast of Community Association Matters we interview Donna DiMaggio Berger, Esq. of Becker & Poliakoff, PA to discuss their electronic voting system, BP Ballot.

According to Donna, voting online thru BP Ballot is more secure, increases member participation, and saves time. It is more secure than a paper vote for a few reasons. First, in order to vote online the owner must register and assign an email address to his account. The skill set needed to hack an email is much greater than the skill set needed to modify a paper ballot or proxy. In addition, online voting creates a digital imprint. If needed, an owner's vote can be easily tracked. The need to verify a signature or ownership requirement at a meeting, is eliminated with online voting.

Secondly, BP Ballot increases membership participation. The reason for this is that owners that do not reside in the unit typically do not vote. This is especially true for owners that live outside of the United States. With BP Ballot, owners can vote anytime they wish and from virtually anywhere in the world. In addition, the number of votes disqualified for procedural reasons is also reduced, thus increasing the number of votes cast. For example, in a condominium an owner can only vote for the number of positions open. If the owner votes for more than the number of positions open that ballot is disqualified. With BP Ballot the owner is not allowed to vote for a number greater than the positions open thus allowing their ballot to count. As another example, in most associations ballots must be anonymous. Neither the owners' name nor address or other indicating factor may appear on the ballot. If an owner accidentally writes their name on a paper ballot that ballot must be rejected. This is entirely eliminated with online voting.

Lastly, BP Ballot also saves time. Normally in a paper election, it takes hours to register owners at the beginning of the meeting. Not with BP Ballot. It takes owners about 5 minutes to register themselves online. Once registered the owner can vote during an election of directors, an amendment vote, waiving of reserves, or an material alteration at their convenience. The owner will have a time frame determined by the Board in which to cast his/her vote. Donna recommends that the Board leave the dates open up until the day of the meeting to ensure increased participation.

In order to implement online voting in your community, you should check with your association's attorney to ensure that the correct procedure is followed. Each association and their governing documents is very different and that can mean that you may be required to follow a different process than the one we discuss here. According to Donna, a Board of Directors will have to pass a resolution at a board meeting to allow for this method. A statutorily compliant letter must be mailed out to all owners 14 days in advance. It is important that your association attorney draft this letter. A consent form should be mailed out together with this notice. The association can upload all of the required documents, whether it is a ballot, the amendments, or plans in case of a material alteration.

In order to participate in BP Ballot, the owner/member must then consent to use online voting. Once the member has opted in and provided an email address, the association then uploads the list to the BP Ballot software. Once the owner registers they will receive a unique pin, which they need to file their vote. When the owner votes he/she will receive an email confirming their vote. If the owner registers, but does not vote right away, they will receive a reminder email three (3) days before the end of the voting period.

It is important to note that associations cannot restrict members from submitting their vote thru paper votes. In other words, owners who wish to vote thru paper vote must be allowed to do so. The cost for BP Ballot for existing Becker & Poliakoff clients is $350; for non-clients the cost is $750. For additional information on BP Ballot you may reach Donna via email [email protected] or via telephone at 954-364-6031. Don't forget to visit alliedpropertygroup.net/latestnews for this week's blog.