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The staff at FCAP – Florida Community Association Professionals truly believe in the positive affects of humor in business and life. The creation of Hurricane Winds Condominium Association comic strip, which debuted recently in Florida Community Association Journal, began as an idea by CEO Jim McMurry to add humor to the pages of the longtime trade publication. When McMurry began the search for an artist to bring his idea to life, he knew exactly who to turn to. FCAP’s graphic designer, Joey Phelps, took the idea of humor in community business to heart and the characters of Hurricane Winds Condominium Association were born.

 

 

Hurricane Winds is a new venture for Florida Community Association Journalbut a comic strip is nothing new for Phelps. Phelps and his brother, Michael, are lifelong artists who have worked together to make art and humor a successful business. The Phelps brothers created a comic strip several years ago for an international non-profit online magazine, Hat Trick Magazine, which still runs today. The strip can also be found at www.LilNipperSnappers.com.

Phelps knew that humor built around the seriousness of community association management would be the perfect medicine for managers and board members who face stressful and sometimes volatile situations on a regular basis. According to an article published by the Mayo Clinic, “Laughter enhances your intake of oxygen-rich air, stimulates your heart, lungs and muscles, and increases the endorphins that are released by your brain.” The same article goes on to say, “Laughter can also make it easier to cope with difficult situations.” What better prescription for what ails us then, than the characters brought to life in Hurricane Winds

 

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So exactly how does Phelps bring his characters to life? This is where pencil & paper and digital technology come together. Working closely with McMurry to develop the ideas for who each character will be and will look like, Phelps uses pencil and paper to sketch out characters and develop the unique characteristics for each. He then goes back over each sketch with pen and ink to make the characters more vivid and bold on paper. The pen and ink drawings are then scanned into Photoshop where Phelps adds color digitally via a Cintiq monitor and can take advantage of technology to move, reposition, and tweak each character.

 

 

joey-cintiq

 

Each installment of the Hurricane Winds Condominium Association comic strip is brought to life each month through a series of brainstorming sessions between McMurry and Phelps and are developed through the same system as the initial character development. From pencil and paper to PhotoShop and a digital tablet, the words and story lines come to life. Phelps has spent years working with this industry through the production of Florida Community Association Journal and has watched it grow and change over the years. He gains insight for each character and story line from the relationships built between this organization and those he serves.

Watch for the next issue of Hurricane Winds in the November issue of Florida Community Association Journal, arriving in mailboxes very soon.

 

FCAP members Dan Gleason, CAM, CFCAM  and Ronald Scott Kaniuk, Esq with Bakalar & Associates, PA recently discussed Master HOA authority and unit leases. Here is a look at their informative Q&A.
 
Dear FCAP,
 One of my associations is the lone condo district in a larger HOA association made up of 13 districts.  The master HOA association wishes to limit the ability of the condo association owners to leases of only 2 years in length and the lessees can never lease again in the condo association even from a different condo owner.  FS 718.110 (13) seems contrary to that notion, but the master claims in its documents that it is not a condo association and therefore unaffected by FS 718.  The condo owners have not consented to this change in the master association’s documents and no vote has been taken by members of the condo association to accept or reject this change.  Some of the condo owners have long term lessees whom they want to keep as lessees.  Will they lose their long term lessees and if so when?

Dan Gleason, CAM, CFCAM
 


 
 Dear Dan,
It seems that there are 2 questions presented here.
 
The first question is whether or not the Master HOA can enact rules to limit the ability of the Condominium Association owner to lease their property (both in duration of lease and identity of lessee).  The answer to this question is Yes, the Master HOA can enact rules to limit the ability of the Condominium Association owner to lease their property (both in duration of lease and identity of lessee), but need to follow the applicable rules to modify the governing documents for the Master HOA.  
 
The second question is, assuming such rules could be enacted, what the effect will be on existing leases.  The answer to this question is that existing leases would be unaffected.  The Master HOA would not have the power to void or seek to void a valid lease between an owner as landlord and a tenant.  However, any such amendment would have an effect to limit new leases entered into by any property owners, whether or not they are currently leasing their property.
 
FS 718.110(13) governs the rights of the Condominium Association to restrict rentals.  It is ineffective against Homeowners Associations, who are governed by Section 720.
 
Ronald Scott Kaniuk, Esq.
Bakalar & Associates P.A.
www.assoc-law.com

Vizcayne Condo Association North and Vizcayne Condo Association South filed suit Friday, October 10, 2014 in Miami-Dade against owners RW 244 Biscayne Res LLC and RW 244 Biscayne RET LLC, real estate finance executives Shane Hillsley and Thomas W. Duncan of Duncan Hillsley Capital LLC, the master association and the Vizcayne Commercial Condominium Association, which controls a commercial lot on the property.
 
During an interview with Vizcayne Condo Association North and South attorney David Haber who filed the suit on behalf of the associations explained to FCAP that instead of absorbing construction costs as the project went along, RW (referring to owners Hillsley, Duncan and their private equity firm) charged the associations for millions of dollars in construction expenses, waived reserves illegally, and retains control of the master although turnover has occurred.

According to Haber real estate finance executives Hillsley and Duncan kept a log of expenses throughout construction and presented them to the associations for payment after turnover of Vizcayne North and South had occurred. During construction when the expenses occurred and should have been presented for payment, Hillsley and Duncan had control of the associations.

In an article with Daily Business Review Haber is quoted as saying “It’s about unit owners getting stuck with what the hedge fund should have paid.” He goes on to say, “They made a lot of money on the sale of the units, but they didn’t have the right to stick it to the unit owners. It’s about greed.”

In the FCAP interview Haber outlined the other issues prompting the suit. “RW waived reserves illegally and controls the master even though turnover has occurred.”

During the FCAP interview the question was raised about more associations suing developers and contractors due to the uptick in construction in South Florida. Haber answered that we probably won’t see many cases exactly like this one. It is unique because it deals with bulk assignees who took over the project through a buyout of foreclosure. This is not a case of construction defect or the quality of work due to the construction boom post-recession.
 
The fact that this complaint arose and the missteps happened at all is further evidence of the need for awareness of community associations and the laws that regulate this industry. It is indeed important to note that yes, community associations are where we call home but our homes are also part of an industry.  FCAP will continue to promote awareness of this industry through its Family of Services.

The recent shooting at a Palm Beach condominium reminds us all that the place we call home is also a place of business for thousands of professionals across the state. Jeremy Holland, CAM was shot in the head at close range by a former employee.
 
In a story that ran recently by WPBF reporter, Chris MGrath it says “Charles Croghan, 72, is charged with attempted murder, accused of shooting his former boss last Friday (October 3, 2014).

Croghan, a former doorman at a Palm Beach condo, fired just one shot at close range, striking the property manager, Jeremy Holland, in the head, according to the probable cause affidavit.”
McGrath’s story goes on to say ‘Court documents show Croghan shot his former boss in a management office then walked back into the front lobby where a secretary confronted him.

Investigators with the Palm Beach Police Department wrote Croghan pointed his gun at the woman and said, “You’re next. You want one of these?”’

FCAP – Florida Community Association Professionals continues to promote awareness of community associations as a professional industry in this state. In a June, 2014 article relationship columnist Betsy Barbieux, CAM, CFCAM defines workplace violence; “According to the Department of Labor, workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening, disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide.” https://www.fcapgroup.com/flcaj/flcaj-articles/relations-factions-ethics-bullies-and-workplace-violence/

As a unit or homeowner in a community association what can an association do to protect employees and residents from harm? Adia Walker with Florida Community Association Journal writes, “Life safety should be a priority for all community associations who want to protect their residents and staff while providing a quality environment for people to work and live. Proper preventative actions, careful planning, thorough implementation, and continual maintenance can reduce threats to your community while building peace of mind for your association.” https://www.fcapgroup.com/flcaj/flcaj-articles/life-safety/

McGrath’s October 7 report states that Mr. Holland remained in critical condition at St. Mary’s Medical Center in West Palm Beach. A phone call by FCAP to St. Mary’s Medical Center to check on the condition of Mr. Holland was not returned. FCAP wishes Jeremy Holland and his family the best during this difficult time. It is indeed important to note that yes, community associations are where we call home but our homes are also part of an industry and a workplace for thousands.  FCAP will continue to promote awareness of the community association industry through its Family of Services.

Make sure to attend the FLCAJ Readers Choice Award to be held January 15, 2015 at The Show: West Palm Beach.

Congratulations to all the FCAP service provider members who are nominated for the FLCAJ Readers’ Choice Awards. As of today, there are over 300 companies nominated and over 3000 votes cast. To see if your company is nominated, go here.

Nominations and voting closes December 1, so there is still time to participate.  Let me encourage you to nominate your company and get the word out to your clients and associates that you have been nominated. You can direct them to our online voting site.

The award winners will be announced on January 15, 2015, at a special reception at The Show: West Palm Beach. I’ll send you more as we get closer, but in order to take advantage of all that the event offers, you must be an exhibitor. View The Show’s floor plan and for booth information.

Jim

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trevaI would like to personally thank all of our sponsors, exhibitors, and attendees for helping make The Show: Orlando a wonderful event. Since we are still receiving feedback from participants, I wanted to share some of their comments with you.

As an outdoor furniture manufacturer, I have attended a lot of shows, even considered another way to market ourselves instead of the shows. We always ran into the same faces who would display so much excitement at the time, but after the fact, got very little response. After having been a part of THE SHOW in Orlando recently, I regained my confidence. Our company was very well received by property mangers and board members we had never made contact with before. Their fascination in what we did and who we were made this the best show our company has ever attended. To this day, we continue to get phone calls and emails from those who visited our booth. The Show: Orlando was truly a wonderful experience.

Gregory Rehorn, Florida Patio Furniture, Corporate Sponsor of The Show: Orlando

 

Thoroughly enjoyed the vendor portion. Made a lot of contacts and collected lots of useful information. Would definitely attend again. The event was well organized. Enjoyed it. Thanks. 

The Show: Orlando attendee

 

I got a lot of information from the exhibitors. Thanks for having a free exhibit and show. This was one of the best shows I ever attended. Thanks for validating parking – that was very nice. 

The Show: Orlando attendee

 

It was a wonderful show – I’m a newly licensed CAM, and I found several vendors to fit the needs of my HOAs. Plus the food and CLE were a very nice bonus! Thanks for putting together the show. 

The Show: Orlando attendee

Our next FCAP event is schedule for January 15, 2015 at the Palm Beach County Convention Center. We hope you will make plans to join us for The Show: West Palm Beach! For more information, please visit www.theshowfl.com.

 

Treva Phelps
Special Events Manager
Florida Community Association Professionals

Thank you to Diana Zayas-Bazan, EMA President for inviting FCAP to participate in EMA’s  Annual Business Expo and 2015 Legislative Update on October 7, 2014 at the Doubletree Hilton in Deerfield Beach.  Since its inception in June, 1983, The Executive Manager’s Association (EMA) has become one of the most innovative and impactful, Property Manager and Vendor organizations in South Florida.

Have You Registered to Attend? Only 7 Days Left to Register. Don’t Miss Out on Your Opportunity to Rub Elbows With Industry Movers and Shakers at The Show: Orlando, September 26, 2014 at the Orlando World Center Marriott.

 

bp_app_design_20140610_coopFCAP Featured Resource

FT. LAUDERDALE, FL, August 28, 2014 – Volunteer boards and property managers responsible for the operation of condominiums, homeowner’s associations and coops will find their jobs a little easier thanks to a new Smartphone app from the Becker & Poliakoff Community Association Law Practice group.

The new “Pocket Condo, HOA and Coop Guide” is now available for free download on iPhone and Android devices. It can be found in the Apple store for iPhones and iPads by typing in “Condominium, HOA, Cooperative Law,” and in the Google Play store for most Android devices by typing in “Condominium, HOA, Coop Law.”

The app allows residents to search the laws governing their communities using simple key words or browsing the frequently asked questions and answers section with answers provided via video. Board members and managers in condominiums and cooperatives will appreciate the annual meeting calculator, designed to make the strict guidelines for scheduling annual meetings, as set forth by statute, easy to understand and follow.

Other features include the ability to create Board meeting minutes with detailed information about attendance, voting, and agenda items.

“We are committed to providing clients with the technology they need to make their jobs as voluntary board members as productive as possible,” said Ken Direktor, chair of the Community Association Law Practice group at Becker & Poliakoff. “Our app is designed to provide answers to commonly asked questions and help clients gain better access to the information they are seeking.”

The app is available to the public; however, clients of Becker & Poliakoff can also access proprietary information regarding accounts they have in collections through a client log-in portal.

What is an Advisory Board and could your organization benefit from one? Community Association Legislative Lobby (CALL), Florida’s leading community association organization recently announced the formation of an Advisory Board which will provide vision, strategy, and outreach to the organization’s leadership team.

Working day-to-day in the community association industry, the term Board of Directors is commonplace. Community associations and many corporations across the state are governed by an elected Board of Directors who has a fiduciary and legal responsibility to the organizations they serve. In contrast, an Advisory Board does not have any formal legal responsibilities. Rather, an Advisory Board is appointed in order to give advice and support.

What qualities should you look for in an Advisory Board?

  • Industry Experience
  • Mentoring
  • Strategic Thinking
  • Credibility

Pio-CALL

Industry Experience
Industry experience is an important qualification for a team member of an advisory board. In this case, experience in carrying out the duties of a community association is crucial.

The CALL Advisory Board encompasses an extraordinary number of years as board presidents and management company executives.

  • Roi Danon, President of Danon Management Group, Delray Beach, FL
  • Ed Duch, Legislative Vice President, Gulf Shore Association of Condominiums (GSAC), Naples, FL
  • Jim Hoppensteadt, President and Chief Operating Officer, Pelican Bay Foundation, Naples, FL
  • Pio Ieraci, President, Galt Mile Community Association and Galt Ocean Club Condominium Association, Ft. Lauderdale, FL
  • Ewing Sutherland, President, Gulfside, Inc., Naples, FL

Ken Direktor, Chair of Becker & Poliakoff’s Community Association Practice Group shared initial thoughts through a recent press release. “We look forward to working with this diverse group of individuals who have deep insight into the challenges and opportunities facing common-ownership residential communities in Florida.”

Mentoring
Ideally it is important for a trusted group of advisors to be able to connect with an organization’s leadership on a professional level but personal connections should be considered, as well. Trust is earned over years of working side-by-side on important and mutually beneficial projects. “I have worked with these advisors for many years to shape positive community association legislation,” said attorney, Donna DiMaggio Berger, a shareholder in Becker & Poliakoff’s Community Association Law Group.

Donna-Yeline

Strategic Thinking
Development of new programs and products is important to the success of an organization. A trusted team of advisors can be invaluable in strategic planning for product development and implementation. Ms. Berger went on to share how this group will be able to provide the insight and planning they need. “Their willingness to serve on CALL’s Advisory Board will enable us to gain valuable input on CALL’s legislative agenda as well as to broaden the scope of our outreach and the distribution channels for our many resource materials.”

Credibility
Access to and representation by trusted decision makers with longstanding ties to the community brings credibility to an organization.

Becker & Poliakoff attorney Yeline Goin, who serves as CALL executive director and lobbyist said, “These advisors will enable us to gain valuable input on CALL’s legislative agenda while providing a local connection between CALL and members of the Florida Legislature.”

Pio Ieraci of the Galt Mile Community Association commented, “I am honored to serve on CALL’s inaugural Advisory Board and, along with my fellow Board Members, am dedicated to spreading CALL’s important mission of outreach, advocacy, and education.”

Click here to read CALL’s press release in its entirety.