Discerning Counsel for Community Associations

Published July 2024

Good Management Software Makes an Impact
By John More

     Good management software caters to associations of all sizes, offering integrated solutions that eliminate double entry and extra work. Unit owners can boost efficiency by easily accessing their essential information, such as checking visitor and package history.

     Good management software also provides dual notification systems for residents, visitors, management, and staff to keep everyone informed without overloading them.

     The software’s access control system, designed specifically for associations, includes delinquency-sensitive doors. Facial ID security surpasses barcodes, instantly identifying visitors and informing the lobby for a professional flow.

     Two apps are offered—one for residents and visitors and another for staff—plus a resident website, ensuring everyone has the necessary information and functionality. If a feature is missing, we will build it.

     Management companies can manage all properties with one log-in, and owners can manage all units with one log-in, even in multiple associations. This approach ensures seamless and efficient operations.

     For more information about Asterix Software, visit www.asterixsoftware.com.

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Navigating Hurricane Season: Essential Strategies for Community Association Boards and Property Managers in Florida
By David W. McMahon, MBA, AAI

     As hurricane season looms over Florida, community associations face the imperative task of preparing for potential disasters. With the unpredictable nature of tropical storms, understanding insurance coverage and implementing proactive strategies is paramount for safeguarding residents and assets. Board members and property managers must navigate complexities such as insurance deductibles, the claims process, and compliance with local ordinances. Working closely with your insurance agent to fully understand policy coverages is crucial in developing an effective disaster preparedness plan. As part of this plan, communities should establish a volunteer emergency response team to coordinate efforts during and after a storm. Tailoring disaster preparedness plans to communities’ specific needs helps mitigate risks and enhance resilience. Collaborating with local authorities and accessing region-specific resources play crucial roles in strengthening community readiness.

     For comprehensive insurance solutions in Southwest Florida, contact Atlas Insurance at 941-552-4113 or visit www.atlasinsuranceagency.com. For communities outside Southwest Florida, please consult your local county’s resources.

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Less Time to Notice Construction Defects
By Diana Sada

     Legislative changes have reduced the time frame in which your community must bring construction defect claims. Your association now has three fewer years to notice construction defects and try to hold the responsible parties accountable. Before, you had up to 10 years from certain triggering events. This has been reduced to seven years, and the triggering events may begin even sooner. This is not a lot of time. Damages in new construction may not be caught right away. If your time lapses, your members may face massive special assessments for other parties’ bad work. This reduction applies to the “statute of repose,” not “statute of limitations,” which is a different legal clock. Generally speaking, the statute of limitations is four years from when you knew, or should have known, about the defect. Both statutes and their interplay with other laws and your specific facts require extensive analysis. Do not turn a blind eye to potential construction defects. Consult with construction defect lawyers early to inspect for them and preserve your rights.

     Diana Sada is a shareholder attorney for Burg Simpson. For more information call 941-777-6776 or visit www.burgsimpson.com.

* This is not legal advice, and each case is different. Do not draw conclusions from this article without consulting with lawyers who will assess your case
individually.  

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Empowering Associations’ Financial Success in Difficult Times
By Hayley Bryant

     Association management is complex and rapidly changing. Given the added pressures to comply with updated condominium law, many associations are finding their reserves are not sufficient. Community associations are looking to financial partners for solutions to fund building improvements needed to meet milestone or SIRS inspection requirements.

     As a banker focused on association needs, I’m often asked about the loan process to fund capital improvements. Every association or project differs in terms of its size, complexity, and financial position. Therefore, it is important for an association to consult with its board, legal counsel, and financial partner as early as possible to review all governing documentation, discuss financing options, and determine the documentation that will be required to apply for a loan.

     The right financial partner typically can tailor a loan solution to the specific association and need. Let our expertise help ensure your association’s financial success and stability. Contact me today.

    Hayley Bryant is an association banker, Emerald Coast Region for Capital City Bank. For more information, email Bryant.hayley@ccbg.com or call 850-708-6505.

Disclosure: Member FDIC Equal Housing Lender All loans are subject to credit approval and may be subject to property approval.

 

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Navigating the Complexities of Insurance Claims
By Travis Baldeo

     In Florida CAMs face unique challenges. One of these is navigating the complexities of insurance claims following a hurricane or roof-related damage. Here, the role of a public adjuster, who advocates on behalf of the policyholder in appraising and negotiating an insurance claim, becomes crucial. 

     The insurance claims process can be intricate and time-consuming. Public adjusters alleviate this burden with expert knowledge of policy language, coverage nuances, and the intricate details of damage assessment. They make sure all damages are thoroughly documented and accurately valued, including those not immediately visible, like structural issues or hidden water damage.

     Public adjusters understand the specific challenges faced by commercial properties, such as the need to minimize business interruption and maintain tenant relationships. They work diligently to expedite the claims process. 

     With roof-related claims, public adjusters bring a detailed understanding of roofing systems and potential damage that might be overlooked by an insurer’s adjuster. This ensures that all repair or replacement costs are adequately covered.

     In business since 2006, Five Star Claims has handled several thousand commercial claims and has recovered more than a billion dollars.

     For more information on Five Star Claims call 561-677-9327, email travis@fsclaims.com, or visit onetapconnect.com/fivestarclaimsadjusting-travisbaldeo/.

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Are You Ready for Hurricane Season?
By David Karins

     Here’s a quick checklist to get you started.

• Review your property with a structural engineer to identify vulnerabilities.
• Create a hurricane action plan, with pre- and post-storm tasks.
• Identify key personnel who are responsible for communication and response during and after the storm.
• Verify emergency systems are functional and have adequate fuel.
• Identify and contract with vendors to assist with post-storm repairs.
• Review insurance coverage for correct contact information and coverage.
• Protect your tenants and property with this quick checklist and contact a structural engineer to ensure you’re prepared.

     For more information on Karins Engineering Group, call 941-927-8525 or visit www.karins.com.

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The Importance of Hiring an Owners’ Representative for Successful Project Outcomes
By Suly Encalada

     Hiring an owners’ representative, like SOCOTEC, is essential for associations aiming to ensure their projects are completed on time and within budget. As your owners’ representative, SOCOTEC brings invaluable expertise in project management, overseeing every detail from inception to completion with precision and care.

     The importance of having an owners’ representative cannot be overstated. We start by defining clear project goals and developing comprehensive timelines that mitigate delays. Our rigorous cost management strategies involve detailed cost estimates and continuous oversight, allowing us to identify potential overruns early and implement corrective actions effectively.

     An owners’ representative also ensures strong vendor relationships and skillful negotiation, securing favorable terms that help control costs. Our approach to transparent communication fosters ongoing dialogue between all stakeholders, keeping everyone informed and aligned. Regular progress reports and proactive problem-solving capabilities are crucial in addressing issues swiftly and maintaining project momentum.

     By hiring SOCOTEC as your owners’ representative, associations can trust that their projects will be managed with the highest level of expertise, ensuring a positive outcome that meets both time and budget expectations.

     Suly Encalada is director of business development at SOCOTEC. For more information, call 305-985-3772, email Suly.Encalada@Socotec.us, or visit www.socotec.us.

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Empowering Communities with Fiber Internet
By Darell Bright

     More and more community associations are seizing the opportunity to enhance residents’ digital experiences by providing fiber internet. Unlike traditional internet services, fiber optics deliver unparalleled symmetrical speeds and reliability, ensuring seamless connectivity for all online activities. Fiber optic-based internet service not only boosts individual productivity and entertainment but also strengthens community bonds by enabling better virtual communication and smart home integration. By partnering with a fiber provider like Summit Broadband, associations can negotiate favorable terms, ensuring a cost-effective solution for all members. Investing in fiber internet is a forward-thinking move that future-proofs neighborhoods, making them more attractive to potential residents. Embrace the digital revolution—equip your community with the power of fiber internet for a smarter, more connected tomorrow.

     Darell Bright is vice president of community solutions for Summit Broadband. For more information call 407-996-6238, email bulk@summitbb.com, or visit summitbb.com/communities.