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 .

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

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.