Published March 2023
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/.
Editor’s Note: This is part two in a multi-part series.
Part I explained how service providers/vendors are to submit an RFP. Part II commences with the information to obtain from a potential security vendor.
Other details and questions:
Editor’s Note: In the next issue, questions that address documentation, training and emergency conditions, equipment issues, and costs will be addressed as well as a CAM request for proposal.
One of my owners who is a trustee for her condominium unit signed her outer return envelope for the election as only her name and did not put the word “trustee.” Is her ballot disqualified?
Also, I opened her outer return envelope by mistake. It’s a long story, but she sent it from California in a priority mail envelope, which I quickly opened. Then I quickly opened the #10 envelope inside before turning it over and realizing it was the return envelope. I tried to call, sent a text, and an email, but she has not responded. I don’t think I have time to send everything again to her in California. Did I compromise her ballot?
If I understand the situation, the ballot envelope must be inside the return envelope that you sent and must be signed with her unit number on it. I don’t think it’s important that she put the word trustee after her name. Most trustees don’t know to do that anyway.
If she put both of those fully completed envelopes in the priority envelope, that would be fine to have opened the priority envelope. But if she only put the ballot envelope in the priority envelope without the return envelope sent to her, you must disregard her vote.
If both envelopes were inside the priority envelope, and you accidentally opened the return envelope inside the priority envelope, I would tape up the return envelope and type out notes about what happened, sign and date it, and have a witness also sign the note.
After Hurricane Ian, we had many units with water intrusion. Under the Florida Statute’s emergency provisions, the association brought in a water mitigation company to dry out units to prevent mold and drywall replacement. Many owners were not on site or did not respond when contacted about their units. We did confirm with our attorney the association was within its rights to do this. The remediation cost will be a special assessment since we have not reached our deductible.
Is there a different way you would have proceeded?
You did the right thing in checking with your attorney. I too think that was the appropriate path. The association has the right to access the units in an emergency. Drying out wet units is an emergency.
Five years ago the condominium association replaced the roofs. After the last hurricane, many owners had roof leaks and damage inside their units. The board determined this was hurricane damage, but it was less than the deductible. The repair estimate is $50,000. Can this be paid from the roof reserves account?
I advise my boards, when the occasion arises, to use roof reserves, etc., for large repair bills. Doing so extends the life of the roof. To me, it’s a board decision/judgment call. Sometimes the CPA will have an opinion.
You’ll remember we are a small cooperative association. Both my husband and I sent in our notices of intent to run and ended up on the board because there were not enough candidates to fill all the seats. So now I am told that one of us cannot be on the board because of Section 719.106(1)(a), but it looks like there is an exception to that statute. Can you help me?
Then if the answer is “yes” and we can both serve on the board, do both of us get a vote at board meetings? I’ve been told “no.”
The statute does have an exception and says, “unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.” It appears you are eligible to serve.
The statute requires that a vote for each board member present be recorded in the minutes. So, yes, you and your husband both get a vote at a board meeting. In addition, there is a misconception that the president/chair does not vote. In community association board meetings, the president does vote. All votes are presumed “yes” unless the board member specifically votes “no.” Abstentions are rare and are only for conflicts of interest, which should be clearly spelled out in the minutes.