FCAP Community—April 2022

FCAP Community

Published April 2022

     Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 38 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/.

Betsy Barbieux

Because You Asked
By Betsy Barbieux, CAM, CFCAM, CMCA

     I sent certified letters and pictures to each board member with an inquiry about their idea to build a carport in front of my view. What if the board does not send the required “substantive response” to my question and just ignores it? I could not find that answer in the statutes or my condominium documents.
– Cynthia 

     My interpretation of “substantive response” is one that satisfies the inquirer! It appears the recourse for not receiving a response is arbitration.
     With regard to the “view,” unless you purchased the view, you do not have a right to a view. If you purchased a view, you know so because of the marketing materials or the price you paid for the location of the unit (facing the water or golf course rather than the road or dump). “Purchasing” a view is entirely different than “having” a view.
– Betsy

     Our management contract allows us to “contract for utilities,” but the contract must have a 30-day out clause. Our new waste management company does not include that but appears to include a 90-day clause. I believe our license allows us to sign up to one-year contracts; at least that is what I remember from class, but I can’t find that in the law. So, does this waste management contract need board approval, or does our license allow the management company to sign?
– Chris

     When you say “our license,” do you mean the CAM license? The CAM license does not say anything about managers or management companies signing contracts or make any type of stipulations/restrictions. I am not aware of either the CAM or CAB license giving permission to sign contracts of any kind/length/terms.
     My opinion would be that managers and management companies should never sign a contract or other legally binding document on behalf of a community. The only thing I sign is the estoppel. Even though the management contract may allow you to contract for utilities, I would always have the board vote on any contracts and have the president sign. 
– Betsy

     I am a realtor who is ready to go in a different direction and recently received my CAM license. I’m excited and eager to learn how to start my own business offering CAM services. I have been having difficulties researching how to make my dream of CAM management come true. There didn’t seem to be much information out there to help me until I came across your website. Any advice would be helpful and truly appreciated thank you for your time.
– Amanda

     Congratulations on getting your CAM license. The industry is full of job opportunities. There are many opportunities within the CAM industry other than being the manager. Entry and mid-level positions exist in every management company as well as many of the larger communities.

     As in any industry, you have to get involved. You will want to join your local CAI chapter and the state organization, FCAP. Right now, there are many trade shows that will give you an idea of all those opportunities as well as a chance to meet key people from management companies and communities seeking managers. Take advantage of all the free articles on my website. You’ll want to subscribe to the Florida Community Association Journal at www.fcapgroup.com, subscribe to Property Management Magazine at www.propertymanagementmagazine.com, and join your local CAI chapter at www.caionline.org. Also be sure to subscribe to our YouTube channel CAM Matters™ www.YouTube.com/c/cammatters.
– Betsy

     I couldn’t find an answer for this situation in our documents and would like your opinion. A renter is violating certain rules. It is my understanding that the owner (not the renter) is always given notice of the violation since the owner is a member of the association rather than the renter. The owner is insisting the association communicate directly with the renter for rules enforcement. 
     Is the association responsible for sending duplicate information to both owner and renter? Or is the owner fully responsible for their tenant?
– Kelly 

     I would agree with you that communications about violations (and fines) are sent to the owner. The association declaration (contract) is with the owner, not the renter. I would agree it’s the owners’ responsibility to make sure the renters know the rules, etc.
     In the condominium statute, the legislators now give a tenant the ability to access certain records of the association—the declaration, bylaws, and rules. Though I believe this is fundamentally wrong on so many levels, it is the law right now.
     To settle the question, your board of directors should create a written violation policy, which would include methods of notification and to whom notification is provided.
– Betsy

FCAP Congratulates Danielle Smith—The Newest CFCAM

     Starting with AKAM in December 2018, Danielle Smith recently obtained her CFCAM designation. Her current position title is assistant property manager. She shares, “When I was first hired with AKAM, I was the closing specialist in the corporate office in Dania Beach. I also assisted the accounts receivables department. In 2019 I got the opportunity to work on-site in Highland Beach as an administrative assistant, and then in 2020 I was offered my current position in Hillsboro Beach.”

     She grew up in Delray Beach, FL, and prior to working for AKAM she worked for Top Flite Financial as a loan processor, which helped her transition to her initial role with AKAM as a closing specialist. 

     When asked why she decided to become a CAM, Smith states, “I wanted to become a CAM to further my career. I see the impact the managers I have worked with have on their buildings, and I would love to one day manage a building of my own.”

     Smith comments, “What led to my decision to pursue the CFCAM designation was my hunger for knowledge. I am always looking for ways to learn more and advance my career as a CAM.”

     Some of the major issues she sees facing CAMs in 2022 are as follows:

  1. Proper maintenance of older structures –The Surfside collapse has sent many buildings into a panic. There is no time like now to take a closer look at our preventive maintenance schedules and ensure that our buildings are sufficiently funding their reserve accounts.
  2. Bringing a sense of community back to multifamily living facilities—Since the start of COVID-19 in 2020, community events have come to a halt. It is important to stay as safe as possible while also staying connected. Most people choose to live in a condominium for the sense of community that the lifestyle offers. While the health and safety of our residents comes first, we need to work to bring back activities that promote the lifestyle we have all been missing.

     She comments, “The professional achievement I am most proud of is my transition into property management and obtaining my CAM license. 

     My biggest influence would be my coworker and best friend, Alexandra Lane. I would listen to the way she spoke about her job and how much she loved it, and it didn’t sound like a job but more like a family. Without Alex I would not have taken the position with AKAM, and I would not be where I am today in my career. She is constantly pushing me to be a better version of myself both personally and professionally.”

     Danielle says, “In my free time I play competitive kickball locally and across the U.S.  I love spending time with my family and friends.”