Fort Myers Condominium Association Management | Condo Property Manager | J Brooks & Associates, Inc. | J Brooks & Associates

J Brooks & Associates, Inc. is your Reliable Condominium Association Management firm.  Check out how they can help your Fort Myers Condominium Association. 

Fort Myers Condominium Association Management | Condo Property Manager | J Brooks & Associates, Inc. | J Brooks & Associates

For Additional Information regarding Community Association Management for either Condominium Associations, Homeowner Associations, Cooperative Association, or Master Associations in the State of Florida, please contact J Brooks & Associates, Inc. at information@jbrooksai.com or (239) 313-7129. visit our website at www.jbrooksai.com.com .

Are You Prepared to Run for the Board of Directors at your Community Association?

It's that time of year when residents of Condominium, Homeowner, and Master Associations decide whether or not they should run for a position on their communities Board of Directors.  Here is a great article that will help you decide if that is the position you want to take on.

Florida Community Association Journal

For Additional Information regarding Community Association Management for either Condominium Associations, Homeowner Associations, Cooperative Association, or Master Associations in the State of Florida, please contact J Brooks & Associates, Inc. at information@jbrooksai.com  or (239) 313-7129. visit our website at www.jbrooksai.com.com .

J Brooks & Associates | Master Association Property Manager | Fort Myers, Naples, Sarasota, Florida

J Brooks & Associates, Inc. is a full service Association Property Management firm servicing Condominiums, Homeowner Associations, Master Associations and Cooperatives up and down the Southwest Florida Coast. 

Check out some of their Master Association Property Management Services here:  http://jbrooksai.wordpress.com/2012/10/26/master-association-property-management-j-brooks-associates-fort-myers-sarasota-naples/

For Additional Information regarding Community Association Management for either Condominium Associations, Homeowner Associations, Cooperative Association, or Master Associations in the State of Florida, please contact J Brooks & Associates, Inc. at information@jbrooksai.com  or (239) 313-7129. visit our website at www.jbrooksai.com.com .

Budgeting for Reserves

If you live in a Condominium Association, Homeowners Association, or Master Association, one of the responsibilities of your Associations Board of Directors and Property Manager is to prepare the Associations Annual Budget.  It is a major undertaking that must be gone over with a fine tooth comb to ensure that your association will have the necessary funds to survive the following years expenses.

One of the major issues that must be considered is the Associations Reserve Fund.  This is money that is set aside for major projects or repairs that must be made sometime in the future.  This is a great article on Budgeting for Reserves written by Jerry Brooks, a Florida Licensed Community Association Manager (CAM) and owner of J Brooks & Associates, Inc.

J Brooks & Associates, Inc. is a Community Association Property Management firm located in Fort Myers, Florida.  They manage many Condominium, Homeowner, Cooperative, and Master Associations throughout the Southwest Florida Area.

Check out:  Budgeting for Reserves

HOA Manager in Fort Myers

J Brooks & Associates, Inc. is a full services HOA Manager (Homeowner Association Management) firm with over 30 years experience.  We are based in Fort Myers, Florida and service the entire Southwest Florida area.

If you are looking for a new Property Manager for your Association, contact J Brooks & Associates, Inc. today and see how we can help you!

(239) 313-7129

Community Association Management Accounting - Florida

Not all accountants are qualified to do Community Association Management Accounting (CAM Accounting).  In the state of Florida, as described in Florida State Statutes 468.431: 

(2) “Community association management” means any of the following practices requiring substantial specialized knowledge, judgment, and managerial skill when done for remuneration and when the association or associations served contain more than 10 units or have an annual budget or budgets in excess of $100,000: controlling or disbursing funds of a community association, preparing budgets or other financial documents for a community association, assisting in the noticing or conduct of community association meetings, and coordinating maintenance for the residential development and other day-to-day services involved with the operation of a community association. A person who performs clerical or ministerial functions under the direct supervision and control of a licensed manager or who is charged only with performing the maintenance of a community association and who does not assist in any of the management services described in this subsection is not required to be licensed under this part.

(4) “Community association manager” means a natural person who is licensed pursuant to this part to perform community association management services.

Basically, this means is that if you are controlling or disbursing funds of a community association, preparing budgets or other financial documents for the community including financial statement preparation you must be a Florida licensed CAM.  If you are a CPA and conduct any controlling or disbursing funds of a community association, preparing budgets or other financial documents for the community including financial statement preparation, you are not exempt from Florida statutes and therefore must be a licensed CAM. 

J Brooks & Associates,Inc. is a Fort Myers, Florida based Community Association Management Accountant.  Our staff is state licensed CAM’s and works with many property managers and Community Associations (Homeowners, Condominium, and Master) to ensure compliance with all federal laws and individual association by-laws.

Your Florida Community Association's Board

Being in a Community Association (Condominium, Homeowner, or Cooperative) is like living in your own little city. And one of the things you need to remember is that when you are a citizen of a city you vote for the people in office and if you want change you run for a government position. It is the same with a Community Association’s Board of Directors.

A community Board of Directors is like your City Council. The Boards duty is to ensure that the Association is run in compliance with State Statutes and your community’s By-Laws. When a unit owner decides to run for the Board and gets elected, they are required to uphold those laws. In the state of Florida, a Board Member is required to do the following:

“Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the education curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. Failure to have such written certification or educational certificate on files does not affect the validity of any action.”

So, if you are unhappy with how things are run in your community, and do not feel like the Board is acting in the best interest of the Association, run for office. If you are unable to run for office, at least attend the Board Meetings and have your voice heard. As with city government, if you are unhappy with things and do nothing to change it, your voice won’t be heard. Be a responsible Association Member and participate in your community.

For more information on Board Member Education and Certification, check out this article at myfloridalicense.com.

J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.

When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.

 

Sunshine Law and Community Associations

The “Sunshine Law” pertains to Community Associations (Condominium, Homeowner & Cooperatives) in respect to how meetings are held and conducted. Florida Statutes 718, 719, and 720 contain similar wording and provisions with respect to holding meetings in the presence of the owners.

For condominiums, FS 718.112 (2) (c) states:

“Meetings of the board of administration at which a quorum of the members is present shall be open to all unit owners.

FAC 61B-23001 (1) (a) defines a “meeting” as:

“Any gathering of the members of the board of directors at which a quorum of the members is present, for the purpose of conducting association business.”

And (b):

“Unit owners have the right to attend and observe all meetings of the board of administration and its committees.”

Some exceptions are:

FS 718.112 (2) (c) 3. a. b.

3. Not withstanding any other law, the requirement that board meetings and committee meetings be open to the unit owners does not apply to:

a. Meetings between the board or a committee and the association’s attorney, with respect to proposed or pending litigation, if the meeting is held for the purpose of seeking or rendering legal advice; or

b. Board meetings held for the purpose of discussing personnel matters.

In Homeowners’ Associations, FS 720.303 (2) (a) and (b) states:

“A meeting of the board of directors of an association occur whenever a quorum of the board gathers to conduct association business. All meetings of the board must be open to all members except for meetings the board and it’s attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by attorney client privilege.” Meetings to discuss “personnel matters” are also not required to be open to the members.

It is recommended that notice be posted for all meetings whether they are to be open or closed.
Becker & Poliakoff has prepared a booklet with a synopsis of Community Association Sunshine Law.

J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.

When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.

Collecting HOA/COA Assessments from Tenants

As a Property Manager in the Fort Myers, Florida area, we have had many issues lately in the collecting of owner assessments.  We all know that the majority of these issues are due to the poor economy.  But that doesn't meant that it doesn't hurt your condominium, homeowner, or cooperative association.  Assessment collection is integral to the upkeep of your association and must be collected to keep your home looking and operating the way it is suppose to.

But did you know that the Florida legislation recently added a new weapon in the arsenal of Homeowner and Condominium Associations collecting delinquent accounts? Yes, it’s true; Associations now have the power to collect some of those desperately needed assessments from the Tenants of unit owners who are behind on their HOA/COA fees!

Florida Statute §720.3085(8) & §718.116(11) states, if the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay the association the future monetary obligations related to the parcel. The demand is continuing in nature, and upon demand, the tenant must continue to pay the monetary obligations until the association releases the tenant or the tenant discontinues tenancy in the parcel. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the parcel owner.

The purpose of this law is to prevent owners, from neglecting their obligation to the association, while collecting rent from a tenant residing within the association. This law requires the Association to notify the tenant in writing of the demand for the assessment which demand will specifically state that it is an ongoing or continuing obligation and that if the tenant fails to pay the applicable portion of the rent to the Association to pay the assessment then due, the Association has the right, under the new statute, to evict the tenant from the property.

With this new mechanism Associations have another avenue to seek collection. This can be a very positive method of collecting fees from defaulting owners. Tenants do not wish to be evicted from their premises and as long as the Association agrees to protect the tenant from backlash from the owner, most tenants will readily cooperate with the Association in this collection effort.

J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.

When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.

Providing Keys to your Property Manager

Over the years we have regularly had the question asked of us, “Why does the Property Manager need a key to my unit?”  In regards to Condominium and Co-operative Associations, it is not required by Florida law that a key be provided to the property manager, but many times it is stated in the Associations By-Laws that it is required of Unit Owners to provide a key for emergency access to the Unit.

Also, it is required in the Florida State Statutes that the Property Manager has a Right of Access to the Units for maintenance, repair, or replacement of any common element or structural components of the building .  They will also need to have access to the unit in case of emergencies, such as fire or flooding.  So, if you are an owner who works during regular business hours, the Property Manager must have access to your unit to make these repairs.

Please note, If it is required in the Association By-laws that a key be provided to the Property Manager or a name and contact information of a key holder who can be at the unit immediately to access the unit, and this information or key has not been provided, then it is the responsibility of the Unit Owner to reimburse the Association for all fees associated with gaining emergency access to the unit.

So, for everyone’s safety and well being, it is recommended that an emergency key be provided to your Property Manager.  It can save you and your association additional fees should something catastrophic occur.

Common reasons for access to the unit:

• Pest Control Inspections (with 48 hour written notice of entry)
• Flood / Water Damage
• Fire
• Safety Hazard
• Disabled Unit Owner in Peril

If you do not have copies of your associations by-laws please contact your property manager to obtain a copy.  Also, if you would like more information on the Florida State Statutes, please visit our Helpful Links web page at http://www.jbrooksai.com/helpful-links/property-management/ and click on the appropriate link for either Homeowners’ Associations, Condominium Associations, or Cooperatives.

(Condominiums) Florida State Statute 718.111(5) RIGHT OF ACCESS TO UNITS.—The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.

(Cooperatives) Florida State Statute 719.104(1)   RIGHT OF ACCESS TO UNITS.–The association has the irrevocable right of access to each unit from time to time during reasonable hours when necessary for the maintenance, repair, or replacement of any structural components of the building or of any mechanical, electrical, or plumbing elements necessary to prevent damage to the building or to another unit.

J Brooks & Associates, Inc. is a full service HOA, Condominium, Cooperative and Master Community Association property management company servicing all of Fort Myers, Naples, Bonita Springs, Cape Coral, and all of Lee, Collier, Charlotte, and Sarasota Counties.

When searching for a professional property management company to manage your Association, consider us,J Brooks & Associates, Inc. We will do more than exceed your expectations.

HOLIDAY DECORATING WHEN YOU LIVE IN AN ASSOCIATION

“It's the hap-happiest season of all, with those holiday greetings and gay happy meetings, when friends come to call…  It's the hap-happiest season of all!”  As the great Andy Williams sang in his classic way, it’s that time of year again.   In sunny Fort Myers, Florida, we may not have an obvious change of seasons with the glorious fall foliage, and the beautiful White Christmas’, but be thee Snowbird or full-time resident, that is one of the reasons we all came to this beautiful, sunny part of the country.  But that doesn’t mean that we don’t know how to celebrate the season!  We just do it in a warmer climate!

We still love our holidays, and decorating to show our love of the holidays, is just one of the things that bring that “Holiday Season” feeling to the residents of the south.  There are just a few things you need to remember about decorating if you live in a Condominium Association or Homeowners’ Association, when it comes to decorating:  Many associations have rules and regulations about how and what you can decorate. 

If you live in an Association, one thing you should always do prior to decorating is give your governing documents a once-over.  Some Associations have rules on the locations of holiday displays or the size of your displays.  And for those of you that live in Associations that have policies about decorations being visible from the outside, it may also affect how you decorate the inside of your home.  (If it is visible from the outside, it may not be acceptable.)  These are just some of the regulations that may or may not be found in your Associations documents, but it is always better to double check before you get all those decorations up.  It can be a real bother to have to take some of your decorations down before the end of the season, or in some drastic cases have to pay a fine to your Association.

Now this doesn’t mean that you shouldn’t enjoy your holidays and decorate for the season, it just means that you need to keep in mind that you live in a community that may have limitations on how you can exhibit your holiday cheer.  Remember, you chose your community because of how they keep the look of your community clean and aesthetically pleasing for all.  It doesn’t take away the true meaning of the holidays.  It’s how you feel inside and how you treat yourself, your friends, and your neighbors that express the true meaning of the holidays.

So, remember check with your covenants before you decorate and if you need copies of your rules and regulations contact your property manager.  They will be able to provide your complete copies of all your associations documents.  Have a Happy Holiday Season!

J Brooks & Associates, Inc. is a Southwest Florida based Community Association Manager. Please check out our website for all our latest blogs and services. www.jbrooksai.com