Mark’s Blog

Archive for the ‘Community Mangement’ Category

723 Communities, Is it time to purchase your community?

5 December 2008 | 2 Comments » | Mark E. Butler

We’ve heard rumblings about the preceived diffucilty of some tenants that “might” want to purchase thier communities. Most owners of Land Lease communities would rather sell the property to the residents. The question is “are you prepared to jump in”? Getting everything in order prior to the owner of the commmunity thinking about other, outside, offers is paramount to a communities efforts to be in the forefront of purchasing the community.  Please contact us for details and assistance in being prepared for the possible purchase of your community. We have been a part on many communities acquisitions by the residents and also have had many owners of communities approach us with the statement that their intention is for the “residents” to be able to purchase the property. It’s not out of the question, it’s more a question of “Are you prepared”?

Staggered Terms for Condominium Board Members

2 December 2008 | No Comments » | Mark E. Butler

Yes, Once again, Miami-Dade, Broward and Palm Beach Counties have caused the rest of us to have to deal with thier internal conflicts. Can’t we just all get along people!! It seems that a certain House Representative (Julio Rubiano, I think your going to hear his name alot in the future as he seems to think he will solve all of the preceived problems relating to HOA’s and Condo’s) in his constituents infinant wisdom, was able get legislation passed that limits Directors terms in Condominiums to 1 year unless the majority of the membership of an association votes at a duly called meeting to approve staggered terms of no more then 2 years. As this is election time we are all trying to understand this issue. We have learned from two different legal eagle groups that if an association currently has staggered terms those Directors that are not up for re-election would be allowed to continue the remainder of thier terms, however at the next meeting of the membership the members MUST approve staggered terms by a majority of those members present at a duly called meeting. Failure of the memberships approval for staggered terms would mean that ALL Directors positions are up for grabs in 2009 ( or the next election cycle whenever your communities docs say that is). And then they can only serve for 2 years! Maximum! We are also being told that DBPR has issued a Declatuory ruling (or whatever they want to call it) that this vote must be ratified every two years.  As always don’t just take it from us, consult your legal guys ASAP! For small associations this is BIG Problem, you usually only have 3 or 5 BOD members, but with large communities this limits the continuity of the BOD. Stay tuned. I beleive that a lot of this type of legislation will someday be brought across the board to include HOA’s and Co-op’s. You have to ask the question? Who’s running the show? The Legislature or BOD?

Insurance Article By Arron Kessler of The Sarasota Herald Tribune

2 December 2008 | No Comments » | Mark E. Butler

A recent article that helps clear up some of the mystery behind the new insurance regulations in the Condo Statute. Unfortunately, just as Arron points out “be careful what you wish for”! IT’S STILL A MYSTERY!!!! One part that Arron’s article does not address is air conditioners.  YES!! The new statutes would have condo associations insuring air conditioners. Were not sure what parts of the A/C unit and again why? How do you insure something the association does not own? Would this make the association responsible for repair and replacement also?. I spoke with two different insurance agency’s, one said yes they would write a unit owners policy for the association. The other said err on side of caution and take the insurance out on the A/C units just in case. Anybody have any better advice or words of wisdom?  Click here for Arron’s article and again thanks to Arron Kessler and the Sarasota Herald Tribune.  http://www.heraldtribune.com/article/20081124/ARTICLE/811240310

Welcome!

19 November 2008 | No Comments » | Mark E. Butler

Welcome to our newest tool to assist Homeowners with understanding the operations of Community Association Management. While we are not attorney’s any opinions should not be constured as legal advice, we will try to give you the best answer possible with our years of experienance and training.

First, everyone needs to be aware of the vast new changes to chapter 718, the condominium statute. Full disclosure here, we are members of CAI ( Community Association Institute). I mention that because I am not impressed with the lobbying effort that went on in Tallahassee this past year and allowed many of these changes. Some changes are good, some bad and some so obscure it’s difficult to understand the intention. I suspect many reversals or amendments will take place again in the 2009 legislative session.