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.

 

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.