Ease the Snowbird Transition

By Mary R. Hawk / Published October 2024

Welcome back, snowbirds! Many of our Florida communities have large populations of snowbirds—residents who reside “up North” during the summer and in sunny Florida for the winter months. Snowbirds have been traveling to Florida in one form or another for over 100 years. The population of Florida increases by more than five percent every year during the snowbird season. The “season” is typically from October/November to April/May. During the season many community associations are at full capacity. There are several things the association can do, with the cooperation of the residents, to ease the snowbird transition.

Community Cohesion

     Can’t we all just get along? In this often-polarized society, those living in community associations know the value of working together with your neighbors to provide for a peaceful, efficient, and well-maintained community. But it does not always happen.

     New laws have gone into effect where the Florida legislature is endeavoring to make it easier for members to participate in the governance of their associations. For example, Section 718.112(1)(c), Fla. Stat., now requires boards of directors of residential condominium associations of more than 10 units to meet at least once each quarter. Moreover, at least four times each year, the meeting agenda must include an opportunity for members to ask questions of the board (it is not clear if the board must answer). In addition, the law provides that members have the right to attend meetings, tape or videotape meetings, speak on all designated agenda items, and ask questions relating to reports on the status of construction or repair projects, the status of revenues and expenditures, and “other issues affecting the condominium.” Id. That’s a lot of participation and a lot of questions-and-answers, which can lead to tempers flaring.

     Many community association managers and boards of directors find themselves the target of undeserving harassment, accusations, and blame. Communication is a key to curbing harassment, blame, and gossip. Keep your residents well informed as to the progress of all projects, the fiscal health of the association, and the rules and processes with which all members must comply. If you have little to no member participation at board meetings, gossip may run rampant in the community. Send newsletters and project updates. Post them on the association website. Keep the constituency informed. But also remember, board members and managers have a job to do, a corporation to run, and a property to maintain. It is imperative that the association have rules and processes in place for keeping the peace and allowing for the organized and professional transaction of business. 

     For example, Florida Statutes Chapters 718 (condominiums), 720 (homeowners’ associations), and 719 (cooperatives) all contain similar provisions allowing the association to adopt “reasonable written rules governing the frequency, duration, and manner” of members’ statements at board and member meetings. Did you know your association may not have the ability to limit members from speaking more than three minutes if you do not have one of these policies? The policy can also include requiring members to sign up to speak, banning transfer of speaking time to someone else, providing where the member participation item may be placed on the agenda, requiring members to alert the association in advance if they are planning to record the meeting, and prohibiting members from disseminating recordings of the meetings to non-members. This rule, or a separate rule, can also include a board and member meeting civility policy. Have one before you need it. Such a policy can require civil accord—no personal attacks, no foul or disrespectful language, and the board’s ability to have a member escorted from the meeting for violating the policy.

Political Signs

     Nothing spells discord in a community association like election season. Under the current state of the law in Florida, the association can likely restrict political signs or even outright prohibit them depending on the terms of your governing documents. Some owners may claim that an outright ban or even restrictions on political signs infringe on their First Amendment right of freedom of speech.

     Whether rules regulating political signs infringe on the owners’ free speech rights is a somewhat complicated legal analysis into whether a court would determine that the association is a “state actor.” Only a state actor (i.e. a governmental entity) can violate someone’s First Amendment rights. Is the association a “state actor”? There is case law on both sides nationwide. The current state of the case law in Florida suggests that the association as a community association is not a state actor and therefore can enact rules that restrict political signs.

     If you are looking to reasonably regulate political signs, work with your attorney on what is allowed based on your governing documents. You may be able to enact rules restricting the time period, size, and manner of display of political signs. This would likely be under the well-settled doctrine recognizing a community association’s right to pass rules to control and regulate the overall appearance and aesthetics of the community.

     This analysis does not affect rights related to the flying of the American flag and other specified flags allowed by the community association statutes.

Disaster Preparedness

     Snowbirds typically arrive while it is still hurricane season, which lasts until November 30. Preparing for a disaster is essential to recovering from one. In Florida we normally think of hurricanes as the most likely disaster to occur. However, community associations must also prepare for tornadoes, fires, floods, and other disasters. When our communities are at full capacity during snowbird season, a disaster action and recovery plan is of top priority. Residents, community association managers, and boards of directors alike should plan and organize to ensure that you and the community can respond to a disaster quickly and recover in a timely, efficient manner.

• Does your community have a community disaster plan? Some required items in such a plan may include the following:
• Have easily accessible contact information for all residents, local emergency management services, FEMA, cleanup service providers, and social services such as the Red Cross.
• Have a plan for off-site or cloud storage for important records.
• Take advantage of software and phone apps that improve communication during a disaster. Know how residents will be alerted to a disaster and inform them ahead of time how to stay in communication.
• Know your property’s flood zone and evacuation centers.
• Conduct community disaster drills.
• Are you a flood-prone condominium with electric vehicles parked on site? Electric vehicles in contact with salt water have been deemed a fire hazard. If your governing documents allow, adopt a rule requiring electric vehicles to evacuate.
• Many service providers such as debris or water removal experts have programs that you can put in place before a disaster, whereby your community will be on the “preferred” list, and all of your pertinent information will already be on file.
• During the preparedness and planning process, community leaders should assess the infrastructure of the association property to recognize vulnerabilities, identify hazards, and minimize damage.
• Make sure your governing documents adequately address how the association will conduct business after a disaster.

     Common sense, communication, civility, and preparedness can ensure that your snowbird season is successful and enjoyable for all.

Mary R. Hawk

Shareholder, Becker

     Mary R. Hawk is a shareholder in the firm’s community association practice group and is based out of the firm’s Bradenton office. She has been practicing in the Sarasota/Bradenton area since 1998. Ms. Hawk focuses her practice in the areas of general representation and dispute resolution for condominium, homeowner, cooperative, and mobile home associations. She is a Supreme Court Certified Circuit Civil Mediator and Certified Arbitrator. Ms. Hawk is a two-time past president of the Community Associations Institute West Florida Chapter and served nearly nine years on its board of directors. She is a frequent speaker, continuing education provider, and writer on issues concerning community associations. For more information, call 941-957-2994, email mhawk@beckerlawyers.com, or visit www.beckerlawyers.com.