FLNA Fall 2013 issue 9

FALL 2013

St. Sen. Darren SotoWhat is “Safe Harbor?”

Canterbury, EnglandA Short Side Trip

St. Rep. Mark PaffordHealthcare

ZOMBIE DEBT!WHAT ARE YOU DOING TO

COLLECT IT?BY MITCH DRIMMER

FEMA MAPSLESS WATER! MORE MONEY!CAN THE MAPS BE TRUSTED?

BY DAVID SWIFT

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| FLNA Magazine | Fall 2013 3

FLNA’s goal is to bring to our members interesting and informative articles written by knowledgeable people on

the topics of interest to our members. Last year, David Swift wrote a series of articles on what we can do for flood control and drain-age and he is back again, this time to warn us about how, even with our best efforts, our costs might be rising unnecessarily. Jane Bo-lin tells us what we must do to comply with the 2013 changes to the Condo and HOA stat-utes and State Senator Darren Soto gives us some ideas concerning what may be in store

for next year. State Representative Mark Pafford gives us his views on the cost of healthcare in our state.

Association members don’t mind paying their fair share of their commu-nity costs, but cringe at the idea of picking up the share of those who do not. Randall Roger talks about some possible administrative penalties and Mitch Drimmer tells us that, even where all options are dead, there is still a way to collect that “Zombie Debt”.

It’s budget season and we have articles on how to address your landscaping costs and accounting fees. This is the time to look ahead. If that isn’t enough, go to England with Tony and get inspired.

Many of our members and leaders have been looking for ways to get to-gether, share ideas and just network with each other. FLNA has begun a series of training seminars throughout the state. We are also developing the FLNA Institute, a faculty of experts who will be available to provide certification as well as specialized training, and to speak at public forums and other venues.

FLNA and FLNA Magazine are dedicated to creating the means for an open dialogue and a learning experience for all the Associations and Individu-als who participate and encourage you to communicate with us and our fel-low readers. Send Letters to our Editor at [email protected] or just drop me a line at [email protected]. Drop Tony a note on places you find interesting at [email protected]. You can also visit us on our website at www.FLNA.org and learn more about the activities and services we offer. You can also call us or write to us at the phone number and address listed on this page.

Become part of FLNA and participate in our activities.

A MESSAGE FROM THE PRESIDENT

PUBLISHER & PRESIDENTJoseph Boyle

DIRECTOR, MEMBER RELATIONSJ. Andrew Boyle

CREATIVE CONSULTANTBrigitte Boyle

FALL 2013FLNA Magazine is published by the Florida League of Neighborhood Associations, Inc.

FLNA Magazine157 Monterey Way • Royal Palm Beach, FL 33411

Phone (561 758-1618 • Fax (561) 258-0689 • www.FLNA.org

FEATURES EDITORTony Consalvi

PHOTOGRAPHERJim Bongiovanni

GRAPHIC DESIGNSuzanne Summa

FLNA Magazine is published six times a year, Copyright 2012, all rights reserved by Florida League of Neighborhood Associations Inc. Contents may not be reproduced in any form without the written consent of the publisher. The publisher reserves the right to refuse advertising. The publisher accepts no respon-sibility for advertisement errors beyond the cost of the portion of the advertisement occupied by the error within the advertisement itself. The publisher accepts no responsibility for submitted materials. All submit-ted materials are subject to editing.

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ON THE COVERCover Image Designed by Suzanne Summa

A MESSAGE FROM THE PRESIDENT

SAVE THE DATE AND REGISTER NOW!

Registration is FREE for community association managers, board members, board presidents, active HOA members and industry professionals.

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Contents FALL2013

Photo CreditsSuzanne Summa – Cover,

Jim Bongiovanni – 7Towncrier – 8

Tony Consalvi 26-29Brigitte Boyle 5, 26-29

8

13

26

Features8 Feature New Flood Maps Could Affect Your Pocketbook by David Swift

12 Healthcare Watch My View by State Rep. Mark S. Pafford

13 Special Feature Foreclosures and Safe Harbor Whose Rights are Being Protected? by State Senator Darren Soto

26 Not on the Grand Tour A Short Side Trip to Canterbury Experiencing the Wonder of the Cathedral by Tony Consalvi

Columns7 FLNA Inaugurates FLNA Institute

14 The Association Attorney Owner Delinquency Turning a Negative Into a Positive by Randall K. Roger, Esq

16 Past Due Accounts What is “Zombie Debt”? What are You Doing to Collect It? by Mitch Drimmer, CAM

19 Managing Your Association New Rules for HOA’s Don’t Wait! Deadlines are Here by Jane F. Bolin, Esq

23 The Association Accountant Understanding Audit Fees by Nicole K. Johnson

25 Association Maintenance Landscape Budgets Based on Landscape Conditions by John A. Harris

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On Wednesday evening, Sept. 25th, FLNA conducted the first in its se-ries of free Certification Training Courses for Homeowner Association Board Members. Members of the Boards of Directors of more than a

dozen Homeowner Associations in Royal Palm Beach and Wellington completed the course which was presented by Jane Bolin, Esq., the Managing Partner of Peyton-Bolin, PL.

The session also included a special presentation by Mitch Drimmer, Vice President of Snap Collections, entitled “Developing a Uniform Collection Policy” and an update on recent court cases involving association collection issues.

Ms. Bolin also covered the many new requirements contained in this year’s update of FS 720 which governs Homeowners Associations, including brand new registration requirements and revised language on conducting meetings and elec-tions. The session itself was a response to the new provision that newly elected or appointed Board members must either become certified or sign an affidavit of familiarity with their Association documents and State requirements.

According to FLNA President Joseph Boyle, “The major benefit of the ses-sion for Association Board members, besides learning the basic rules, was the opportunity to network with their counterparts in other Associations and share their concerns and experiences. Already, there is discussion over what should be prioritized this year in Tallahassee and FLNA is ready to facilitate bringing these ideas together.” Future training sessions are planned for Palm Beach County and other parts of Florida, including Broward and Dade County, Tampa and the West Coast, Orlando, and Jacksonville.

HOA BOARD MEMBER CERTIFICATIONFLNA INAUGURATES STATEWIDESERIES OF TRAINING SESSIONS

Mitch DrimmerVice President

Snap Collections

Jane F. Bolin, Esq. Managing Partner

PeytonBolin, PL


FEATURE By David Swift

All property owners, including private homeowners, condominium owners and neighborhood associa-tions with common areas, need to keep a close eye on the new flood zone maps being developed by the Federal Emergency Management Agency (FEMA). Once finalized, these maps, which determine

whether or not you live in a high risk flood zone, become the Flood Insurance Maps that are used by banks and insurance companies to identify which properties pose a flood risk and require flood insurance. Local govern-ments also use them to determine the structural requirements needed to build in flood prone areas.

PHOTO COURTESY TOWNCRIER

NEW FLOOD MAPSCould Affect Your Pocketbook

PRELIMINARY MAPSINACCURATE

Initial reviews of the preliminary maps have raised significant questions concerning their accuracy and reliabili-ty to serve as a basis for assessing flood risk, such as:

1. Officials have found numerous in-consistencies, questionable designa-tions and missing or incorrect data.

2. Much of the information used to create the preliminary maps is more than a quarter century old and does not take into account a number of key structural improvements such as new or improved water control struc-tures, pump stations, and storm water management structures.

3. FEMA has provided little documen-

tation as to the methods, assump-tions, data, or models that were used to construct these maps. Without this technical information it is difficult to determine their accuracy.

4. Some recently built communities are not shown on the maps. Some that are shown are located in low lying areas, but their newly engineered drainage systems designed to protect them have not been taken into ac-count.

FLOOD INSURANCE REFORM ACT OF 2012

For the past 45 years, the National Flood Insurance Program (NFIP) has helped homeowners and businesses across America get back on their feet after a major flood event. The NFIP

began in 1968 and rapidly expanded to 16,000 policies by 1980. By 1994, over three million policies had been issued. From 1968 through 2004 the program was actuarially sound with the num-ber of claims paid roughly equal to the amount of premiums received. How-ever, in 2005, back-to-back hurricanes (Katrina, Rita and Wilma) resulted in FEMA paying out $17.7 billion in claims which significantly affected the program’s stability. Today, after hur-ricane Sandy, the NFIP is about $24 billion in arrears. The State of Florida represents about 40% of the nation’s policies issued by the NFIP (Wharton Center for Risk Management and Deci-sion Processes -University of Pennsyl-vania).

In reviewing the program and its


Councilman David R. Swift of the Village of Royal Palm Beach is also an environmental scientist/project manager recently retired from the South Florida Water Management District (34 years). For the past 20 years, he has served on various wa-ter management technical commit-tees and boards. He is a native of Michigan and has lived in Florida for the past 40 years.

CONTACTS: To obtain the most recent version of the preliminary 2013 FEMA map

contact the FEMA Contractor for the Mapping Project

Water Resources Managerfor Palm Beach County

PBC Admin301 N. Olive Avenue

Suite 1101.5, West Palm Beach

Mr. Michael Taylor,P.E., CFM, AECON

Suite 5001360 Peachtree Street N.E.

Atlanta, Ga. 30309

Palm Beach CountyWater Resources Department

Mr. Kenneth S. Todd, P.E., CFM

policies, Congress further found, for example, such questionable practices as the NFIP providing low cost flood insurance to homes and businesses located in high risk flood zones that had been flooded and rebuilt numer-ous times (repetitive property losses). Congress passed the Biggert-Waters Flood Insurance Reform Act of 2012 to address such problems and bring the program in line with actuarial require-ments. Some highlights of the bill in-cluded:

FLOOD MAPPING• Established an ongoing National

Flood Mapping Program to revise the maps by using the most accurate topography and elevation data avail-able and requiring the maps to show the 100-year and 500-year floodplain for all populated areas.

• Authorized $400 million per year for flood mapping for FY 2013-2017.

• Formalized a Scientific Resolution Panel to arbitrate when a community has received an unsatisfactory ruling with respect to an appeal of a revised flood insurance map.

FLOOD INSURANCE• Effective July 1, 2012, subsidized

Flood Insurance rates (pre-FIRM) were removed for the following classes and were allowed to increase by 25% per year until actuarial rates are achieved for;

• Any severe repetitive loss of prop-erty. Defined for a single family resi-

dence as 4 or more claims, each for more than $5,000 and cumulatively more than $20,000.

• Any residential property located in a high risk flood zone that is not the primary residence of an individual (e.g., a snowbird Florida vacation home)

• Any business property located in a high risk flood zone

• Any property that has incurred flood related damages that cumulatively exceed the fair market value of the property

• Any new policy or lapsed policy for newly purchased property

• When flood maps change, a prop-erty that has higher rates as a result of the new map shall have the new rates phased in over a 5–year period at 20% per year.

CURRENT STATUSIt is imperative that FEMA revis-

es its preliminary maps to include the most-up-to data available (generally provided by the cities and counties) in order to best determine those homes and businesses that are actually located in a high risk flood zones versus those who are not The good news is that FEMA has heard the concerns expressed by local, county and state elected officials and has agreed to slow this process down to allow all parties to submit ad-ditional technical data that can be incor-porated into a revised preliminary map. FEMA has stated that the deadline for receiving this information is November

30, 2013. FEMA anticipates incorpo-rating this new information and issuing revised preliminary maps in the spring of 2014. After the revised preliminary maps are issued, FEMA will schedule community coordination meetings and


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| FLNA Magazine | Summer 2013 11

David Swift (Cont. from p. 9)

HOW ACCURATE ARE THE PROPOSED MAPS?HOW MUCH CAN THINGS CHANGE?

The preliminary FEMA maps produced for Palm Beach County earlier this year were reviewed by city and county engineers, technical staff and local drainage officials who reported that they do not accurately represent existing flooding problems in the cities and communities located in the central–west portion of the county (specifi-cally the C-51 basin).

For example, FEMA’s preliminary map shows that the majority of homes in the Acreage are flooded during a 100-year storm event (have a 1% chance of flooding), while large portions of Wellington, Royal Palm Beach, Loxahatchee Groves and some portions of West Palm Beach would also be flooded. However, data provided by the cities and county show that while over the past 30 years there has been temporary local flooding of streets, swales, and yards as a result of heavy rainfall events associated with tropical depressions, storms and hurri-canes, actual flooding of homes and businesses in this area is relatively uncommon.

Homes and businesses identified on the map as being within flood zones that have a 1% chance of flood-ing would become classified as high risk and mortgage lenders would require owners purchase flood insurance. High risk rates would be significantly higher than the rates now in effect for these areas. Based on what is shown on the preliminary FEMA maps, thousands of properties in the central-west portion of Palm Beach County would be affected and it could cost some homeowners and/or property owners hundreds, if not thousands of dollars to insure their property. This would have a chilling effect on the county’s recovering real estate market.


open houses for the public to discuss the revised maps and data.

Please note that November 30, 2013 is only the deadline for incor-porating data into the revised prelimi-nary maps, not the final opportunity to change them. There will still be a man-datory 90-day appeal period after the PDCC meeting in the spring of 2014. All valid appeals received during the appeal period will be incorporated and

reflected in the final maps.It is recommended that those who

handle the insurance or reinsurance of your neighborhood association, be they the Boards of Directors, Management Companies and/or Insurance Repre-sentatives, keep abreast of the status of the FEMA mapping process to assure the resultant maps are accurate and do not erroneously place the association common property and the member’s

individual properties within a high risk flood zone. We recommend that representative(s) of your associations attend the scheduled public meetings and have a qualified engineer review the draft FEMA mapping work prod-uct. Failing to stay on top of this issue could have significant ramifications on the cost of flood insurance for your as-sociation and its members.

MY VIEWHEALTHCARE WATCH

Mark S. Pafford is the State Rep-resentative for House District 86. First elected in 2008, and elected twice subsequently, Rep. Pafford has also been chosen to serve as a Deputy Minority Whip (2008-12) and Democratic Policy Chair (2012-14). He has served on a va-riety of House committees covering the areas of seniors, child welfare, healthcare, caregivers and local government. A product of Florida’s public education system, he gradu-ated from Florida International University in 1988 with a degree in Public Administration.

by State Representative Mark S. Pafford

What Health Care Expansion Means

There are three main elements to the Affordable Care Act (Obamacare): Medicaid Expansion, Insurance Mar-ketplaces (or Exchanges), and Em-ployer-Provided Coverage. Imagine that each one of these components is a leg on a stool; without one piece, the whole thing doesn’t work the way it was meant to work.

Medicaid ExpansionMedicaid expansion was meant to help cover low-wage uninsured Floridians up to 138% of the federal poverty lev-el. This means a family of three with an income of $26,951 or less would be eligible. Right now, Florida’s Medic-aid program does not cover most low-income adults. By expanding Med-icaid for all people up to 138%, it is estimated that as many as 1.2 million adults and children in Florida could get coverage.

InsuranceMarketplaces

The Insurance Marketplaces (or Ex-changes) are web-based portals where families can compare health care plans and learn what tax subsidies (money to help pay health insurance premiums) may be available to help them afford insurance. Families will be able to en-roll in health plans through the insur-ance marketplaces starting in October 2013. For at least 2014, the federal government will oversee the state’s health insurance marketplace as Flor-ida failed to set up its own.

Employer Provided Coverage

If a Floridian does not qualify for a tax subsidy because he or she earns too much or too little, then he or she would still have the option of buying private insurance. People with employer-pro-vided insurance are not eligible for subsidized coverage on the insurance exchanges unless the employer’s cov-erage is declared “unaffordable” or “inadequate”. If an employer’s cov-erage is either unaffordable or inad-equate, the employer must pay a tax or fine because they do not offer afford-able quality coverage. No one may be denied insurance coverage for pre-existing conditions and rates cannot be raised as much for age or gender.

The refusal of the state to accept $27 bil-lion in federal dollars will greatly affect Floridians. Except for Medicaid expan-sion, almost all components of the Pa-tient Protection and Affordable Care Act will be effective by January 2014.



SPECIAL FEATURE

Darren Soto was elected to the Flor-ida Senate for District 14 in 2012. Prior to that, he had been elected to the Florida House of Representa-tives for District 49 in a special elec-tion in 2007, and was subsequently re-elected in 2008 with 65% of the vote and again in 2010 with 75% of the vote. He has also been a critical voice in defeating attempts to convert Florida to non-judicial foreclosures. Mr. Soto earned a bachelor’s degree in Economics at Rutgers University and attended law school at George Washington University in DC.

By State Senator Darren Soto

Since 2007, I have had the honor of sitting on the Civil Law and Judiciary Committees in the Florida House and serve as Vice-Chair of Judiciary in the Florida Senate. I also

practice law in areas of civil litigation, real estate, family law and other business matters. Thus, I have had the benefit of bringing the perspective of being a lawyer, homeowner and legislator to debates relating to real property law in response to the foreclo-sure crisis.

Foreclosuresand Safe Harbor

During this tenure, I have seen a great push to protect the rights of banks and investors at the expense of the homeowners and neighborhood associ-ations. These reforms included limiting banks’ obligations for past assessments, allowing investors to buy condos in bulk without being deemed develop-ers, and an expedited foreclosure bill. This is on top of two failed attempts to convert our state to a non-judicial foreclosure system and a bill to limit associations’ attorneys’ fees recovery in foreclosure cases, for which I was the lone “no” vote in the House.

These reforms originated out of strong lobbying efforts by Florida Bankers and real estate investors. They also reflect a philosophy that the quick-er we can foreclose, the better off our real estate market will be in the end. This belief completely misses the real-ity that banks have released inventory a little at a time so as not to flood the market and drastically decrease prop-erty values regardless of legislation.

With regard to the safe harbor pro-visions, the reforms coming out of Tal-lahassee were specifically crafted and intended to limit the exposure of the subsequent purchaser (at that time usu-ally the bank) for liabilities of the pre-vious homeowner including limiting liability for assessments to the lesser of 1 year past due assessment or 1% of the outstanding mortgage. Of course, the underbelly of the reform was that homeowners who played by the rules and paid their assessments soon found that defaulting homeowners were send-ing their budgets south in a hurry with the banks picking up only a fraction of the tab at the end. I believe that we should have left property rights alone or at least added a sunset provision.

We saw a similar strategy with the expedited foreclosure bill passed this year. This bill ended longtime property rights such as being able to set aside a foreclosure judgment if you were a victim of fraud. It also created a show cause hearing after 45 days using a

summary judgment standard without aid of discovery. Ironically, this bill has drastically slowed down foreclosures due to the new requirements regarding presenting original note and mortgage upon commencement.

My ultimate philosophy has been to leave hundreds of years of property rights alone. Far too often, I see drastic reductions in citizens’ property rights or long lasting “reforms” passed to ad-dress short term issues. The result has been a withering of our basic freedoms and a host of unintended consequences. If you agree, this is your call to action for future sessions!

Whose Rights are

Being Protected?


THE ASSOCIATION ATTORNEY

by Randall K. Roger, Esq.

Randall K. Roger is the managing partner of Randall K. Roger & Asso-ciates, P.A., a firm servicing commu-nity associations throughout South-east Florida.

This commentary is provided to offer general information and a general understanding of the law and is not intended to convey any specific legal advice. No attorney-client relationship is existent as a consequence of the aforestated, and the use of such commentary is not intended as a substitute for competent legal advice from a licensed professional attorney familiar with the issues presented. It is necessary that you consult with a licensed attorney in the State of Florida before taking any further action related to issues as above described.

Generally, the failure of Associa-tion Members to meet their fi-

nancial obligations to the Association is an unfortunate and, obviously, un-desirable occurrence. The Association requires the provision of maintenance assessment payments to attend to the expenses for the operation and Man-agement of the Association. With-out such funds, vital services may be jeopardized. However, as bleak as the growing account receivable may be, it does offer an opportunity to the enter-prising Association. Section 718.303 and 720.305(4), Florida Statutes, pro-vide opportunity for the Association to suspend the voting rights for those unit owners more than ninety (90) days in arrears. With the suspension of voting rights, the quorum requirements may be reduced.

With the suspension of a unit own-er’s voting rights, Sections 718.303(5) and 720.305(4), F.S., allow for the re-duction of the quorum commensurate with the number of unit owners’ whose voting rights have been suspended, re-ducing the aggregate number of unit owners required to address amend-ments to the governing documents for the Association. As a consequence, a Board of Directors may present to its membership proposed amendments to the governing documents (the Declara-tion as well as the Association’s Arti-cles of Incorporation and By-Laws), to address long overdue and much needed changes, and with the reduced quorum

OWNER DELINQUENCYTURNING A NEGATIVE INTO A POSITIVE

requirement, the Board may more eas-ily secure the necessary membership approval.

the Board of Directors at a prop-erly noticed meeting may propose and adopt a resolution suspending the vot-ing rights for owners in arrears in any financial obligation to the Association for more than ninety (90) days, notify-ing the members, after adoption of the Resolution, of such suspension.

The net effect of such suspension, in addition to the inability of the mem-ber to vote on any issue, is the reduc-tion in the quorum. For example, if a Condominium Association had 100 members and the quorum called for a majority of the membership, where the Board suspended the voting rights of 20 members, the quorum would drop from a majority of 100 (51) to a major-

ity of 80 (41). Further, using the same numbers, where an amendment re-quired two-thirds of the members’ ap-proval, the Association would require only 53 (2/3rds of 80 = 53) to approve an amendment, as opposed to 67 votes (2/3rds of 100 = 67) ordinarily required.

With the suspension of voting rights, the quorum requirements may be reduced.[ ]



A POSITIVE OPPORTUNITYAccordingly, through the suspen-

sion of the voting rights of mem-bers who are more than ninety (90) days delinquent in paying any financial obli-gation to the Association, the Board of Directors may create opportunity from an otherwise bleak situation. As often-times Boards are reluctant to consider amendments to the governing docu-ments anticipating such event will be unsuccessful due to the significant vote required to amend the governing docu-

ments, the suspension of voting rights for delinquent owners may remove those owners with a financial obligation delinquent to the Association for more than ninety (90) days from the equation, reducing the quorum requirement as well as the number of owners required to approve an amendment. As such, op-portunity exists for a Board to turn what is otherwise a negative situation, debt owned to the Association by members, into a positive opportunity.

Section 718.303(5), F.S.An association may suspend the voting rights of a unit or member due to nonpayment of any monetary obligation due to the association which is more than 90 days delinquent. A voting interest or consent right allocated to a unit or member which has been suspended by the association may not be counted towards the total number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chap-ter or pursuant to the declaration, articles of incorporation, or bylaws. The suspension ends upon full payment of all obligations currently due or over-due the association. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection.

Section 720.305(4), F.S.An association may suspend the voting rights of a parcel or member for the nonpayment of any monetary obligation due to the association that is more than 90 days delinquent. A voting interest or consent right allocated to a parcel or member which has been suspended by the association may not be counted towards the total number of voting interests for any purpose, includ-ing, but not limited to, the number of voting interests necessary to constitute a quorum, the number of voting interests required to conduct an election, or the number of voting interests required to approve an action under this chapter or pursuant to the governing documents. The notice and hearing requirements under subsection (2) do not apply to a suspension imposed under this subsection. The suspension ends upon full payment of all obliga-tions currently due or overdue to the association.

2013Association

BoardMembers

You areInvited

Participatein all FLNA

Activites

www.FLNA.org(561) 758-1618

[email protected]


PAST DUE ACCOUNTSby Mitchell Drimmer. CAM

The classic definition of a Zombie simply put is “the undead.” That

is to say a person is dead but still has some features of being alive so in es-sence they are not “totally dead.” It

What is“Zombie Debt”?What Are You Doing to Collect It?

sounds creepy, and it is creepy, but in almost every community association in these United States there lurks “Zombie Debt.” Zombie Debt is best described as money an association has written off

because a bank has foreclosed and there were dues owing that the association never received. The mistake is that this debt is not dead and much like a Zom-bie it still lives and can be collected. So why have not boards of directors and management companies not attempted to collect this Zombie Debt?

This is a good question that I have been trying to answer for five years since we have established the Write Off Recovery program in our company. Some community associations have engaged this service and dollars from Zombie Debt are captured each and every week and deposited into commu-nity association bank accounts. There are lots of bills this “undead” money can pay for. Foreclosure does not ex-tinguish debt, and I can assure you that many people who have walked away from their HOAs and Condos have the financial wherewithal to pay what is still owed. So, why does not every single condo and HOA find a company who is willing to pursue Zombie debt?

It cannot be because there is a cost to such a service, as many collection companies will do this on a contingency basis. I’m confident that one specialist in community association collections will even purchase said debt, thereby removing all costs and possible expo-sure to the community association that has been tainted by “Zombie Debt.” Is it possible that community association boards of directors don’t even know that they can collect this Zombie Debt and will not even attempt to even in-quire about it? Or perhaps they feel that the likelihood of success is remote

[ ] Is it possible that community association boards of directors don’t even know that

they can collect this Zombie Debt???


Mitch Drimmer, CAM, is the Vice President of Business Development for Association Financial Services/SNAP Collections. Mitch is a licensed community association manager and can often be seen giving continuing education classes and motivational seminars all over Florida at trade events, educational seminars, and board of directors workshops. Mitch is a member of CAI through his cor-porate affiliation and is an instructor with Florida Community Associa-tion Professionals, LLC.

which is not true because unless you try you will never know. There is also the possibility some believe that the work involved in setting up the process is ex-pensive and cumbersome, and that too is not true, because all that is required is a signed agreement, a ledger, a copy of the certificate of title, and a copy of your governing documents, and per-haps a little faith.

So to boards of directors and man-agement companies who are leaving money on the table, I suggest that it’s time to go Zombie hunting and find a collection solution that is not scared of Zombie Debt and will get out there and recover that money for you.



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MANAGING YOUR ASSOCIATION

by Jane F. Bolin, Esq.

Jane F. Bolin, Esq. is the managing partner of PeytonBolin, PL - a law firm committed to the creation of suc-cessful association management and leadership. Besides her law prac-tice, Jane also serves on the board of various charitable and professional organizations and is a consultant for Townsend Consulting Group. Jane is available for complimentary board and manager education courses and other speaking and training requests.

New Rules for HOA’sDon’t Wait!

Deadlines Are Heret this point, most have heard about the new laws for homeown-

er associations which became effective on July 1, 2013. Yet, very few boards or managers are entirely sure about how to

adopt these changes and apply the law to the day to day duties of the association. This article is an overview of the major changes and the practical application of the law. You should always confer with your association’s general counsel to discuss and strategize a course of ac-tion for your association.

There were over 15 changes to Florida Statute 720 that directly af-fect HOAs in Florida. Many of these changes do not require a change in current day to day operations; rather the new laws will affect how the association responds to a multitude of situations. For example, a property manager is now liable for violations of Chapter 720, and unit owners may now use technology to make their own copies of records during an official records request. So practically speaking, what does the HOA need to do differently now to be in compliance with the new laws?

FINANCIAL REPORTING

Financial reporting requirements are based upon the total revenue of your asso-ciation. To determine your association’s requirement, first determine the total revenue as established by your budget. If your revenue is less than $150K then merely a report of cash receipts and expenditures is required. Such a report should be readily available as a standard report in any accounting software and does not require the use of a certified professional accountant (CPA). If your revenue is more than $150K and less than $300K then your association should prepare a compiled financial statement which also can be done without a CPA. If your asso-ciation revenue is $300K but less than $500K then your association must prepare reviewed financial statements which do require the services of a CPA. Finally, if your association’s total revenue is more than $500K then an audit is required and must be completed by a CPA. Note that if an HOA has less than 50 units, then a report of cash receipts and expenditures is the only requirement, unless the govern-ing documents state otherwise.

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STATE REPORTING DEADLINENovember 22, 2013

Before November 22, 2013 your association must file a report with the Division of Florida Condominiums, Timeshares and Mobile Homes (Division) that contains your association’s 1) legal name, 2) Federal employment identification number, 3) mailing and physical address, 4) total number of units, and 5) the total amount of revenue and expenses from the associa-tion’s annual budget. (Note: different requirements exist for developer controlled associations.) On October 1, 2013, the Division will launch an online portal for the reporting. Go to www.myfloridalicense.com – then in the main menu choose Our Businesses & Professions – choose “Condominiums/Cooperatives” and then on the sidebar it will say Homeown-ers Association and there should be section titled “Home-owner Association Reporting.”

BOARD MEMBER EDUCATION

Now, board member education (or some agreement to be ed-ucated) will be required! After the election or appointment of a board member, each director must either certify in writing to the secretary of the association that they have read the dec-laration, articles of incorporation, bylaws and rules, and will work to uphold these documents, and faithfully discharge their fiduciary duties, or take a board member certification course by a Division approved provider. This must be done within 90 days! You can find a list of approved board mem-ber certification courses on the Division website.

NEW INSURANCE REQUIREMENTSGet your Quotes Now!

Your association is required to maintain insurance or a fidel-ity bond for all persons who control or disburse association funds, including not only the management company, but also the directors who are authorized to sign checks. Your association has the option to waive this requirement with the vote of a majority of unit owners present at a properly called meeting of the association. This is not a one-time vote. Your association must vote this waiver each year. If your associa-tion is not prepared to call this for a vote, then you should im-mediately contact your insurance agency to determine if your current policies include this protection or if a new policy or bond must be purchased!

DOCUMENT REVISIONSNotification Requirements

If your association has amended the governing documents since July 1, 2013 or plans to do so now or in the future, be aware that within 30 days of recording an amendment to the governing documents, the association must provide cop-ies of the amendment to members. There has always been a requirement to notice owners of the changes to governing documents after a vote, but now it must be done within 30 days of recording.

REQUESTS TO SPEAKNo Longer Required in Writing

At your next board meeting, be clear that owners no longer need to submit a written request to speak. The owners have a right to speak for 3 minutes at any meeting with reference to all items opened for discussion or included on the agenda. Your association may adopt rules that are consistent with this requirement, for example, when the time is allocated for this during the meeting.

I encourage you to discuss these practical changes to asso-ciation operations with your board and management com-pany. Although these statutory changes apply to all home-owner associations in Florida, be sure to confer with legal counsel. Every association has a different set of governing documents and a unique set of considerations for imple-mentation.


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Nicole K Johnson is the Director of Operations and Partner at Hafer and Company, CPA’s. She concen-trates on Common Interest Realty Associations (CIRA) audits, reviews and compilations and Agreed-upon procedures for Internal Control Analysis. She is a member of the Florida Institute of Certified Pub-lic Accountants (FICPA) and on the committee for the Common Interest Realty Association Committee from 2007 through 2013.

by Nicole K Johnson

UNDERSTANDINGAUDIT FEES

When offering bids to potential clients for services, a public ac-

counting firm generally estimates the time commitment necessary to com-plete the services requested by the cli-ent. Once this estimate is derived the firm will then generate an audit fee based upon the firm’s hourly rates. When evaluating bids in which there are significant differences in price, an association should consider the servic-es included in the estimate as well as the time required to perform them. In addition, when comparing the hourly rates, an association should consider the level of experience to be provided as well as the rate itself.

When a public accounting firm per-forms an audit, there are certain stan-dards and procedures the firm must perform and follow in order for the audit to be completed in accordance with auditing standards generally ac-cepted in the United States of Ameri-ca. These standards, which all public accounting firms performing audits are supposed to follow, require the audi-tors to obtain an understanding of the Association and its environment, in-cluding its system of internal control, in order to assess the risk of material misstatement (which is the risk that the financial statements will contain a significant misstatement whether by error or by fraud). The auditor then uses their determined risk, amongst other factors, to determine the proce-dures and tests it will perform during the audit.

While all public accounting firms

are not equal and perform audits in dif-ferent ways and using different proce-dures, the Board of Directors, through their own inquiries and observations, should be able to ascertain how com-prehensive an audit is being performed. As a Board member ask yourself cer-tain questions, such as: did the auditor interview our Board of Directors? Did the auditor physically show up to our Association at any point during the au-dit? How much supporting documen-tation did the auditor request? Did the auditor review any invoices? Did the auditor perform any tests of our inter-nal controls? If the answer to any of these questions is “no” there should be a substantial reduction in the estimated time necessary to perform the audit, which, in turn, could lead to lower au-dit fees.

While, on the surface, lower au-dit fees may sound like a great idea, the Board of Directors must consider this: “what sacrifices are we making in order to get these lower fees?” Direc-tors have a fiduciary responsibility to protect and safeguard the assets of the Association and its members to the best of their ability. Therefore, when determining which public accounting firm to engage as the Association’s auditor, the Board should evaluate all aspects of the potential firm, instead of simply the cost to the Association.

In closing, an Association’s Board of Directors should be cognizant of the fact that they have the ability to mini-mize the Association’s fraud risk by carefully choosing the Association’s

auditor. We suggest meeting and in-terviewing a potential auditor prior to engaging a firm in order to perform its due diligence and obtain as much information as possible regarding the firm’s history, reputation in the indus-try, procedures they perform, expertise within the firm, etc. When it comes to audit fees, like most other services, you get what you pay for.

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Landscape BudgetsBased On Landscape Conditions

Instead of Lowest Bid

Controlling landscape maintenance costs requires know-ing what plants are in your landscape and how to main-tain them for their best health and values. Association

common areas, commercial campuses, public greenspaces, and individual residential yards have different priorities, different maintenance schedules, and different budget levels available. Landscape maintenance should be prioritized to meet public safety, landscape health, and landscape appearance concerns. Matching your budget to the needed maintenance is a juggling skill you need to learn.

Traditional Low Bid Budgets

Many associations set their land-scape budgets based on the low bid from landscape maintenance contrac-tors and continue using that annual cost as their basis for budgets in subsequent years. A contractor’s low bid may not always provide the most dependable information about the conditions or maintenance needs for the landscape on a property.

Contractor bids or proposals usu-ally provide the basic categories of maintenance (lawn mowing, shrub pruning, edging, clean up), but do not identify the conditions or concerns for landscape areas that need specific care. Landscapes can get into decline when just general maintenance is being done without addressing specific conditions or stresses in different landscape areas (pest infestation, irrigation deficien-cies, nutrient deficiencies, competition between plants, etc.). Landscape plants, especially larger trees and palms, con-tinue to grow over time. To meet the changes in landscape conditions and plant sizes, changes in budgets and maintenance priorities should be made.

Changing the Bid Process

To reduce the maintenance issues and questions that come up with land-scapes, a change in the usual bid pro-cess is recommended.

Associations can assure that a con-tractor’s proposal includes all the nec-essary work for all the landscape areas on the property by issuing a Bid Pack-age that is specific to their landscape. Any contract awarded will then be based upon the needs of the association rather than that of the service provider. Furthermore, establishing the require-ments up from will result in matching information from contractors, allowing an ‘apples to apples’ comparison for awarding a contract.

Getting an inventory of the land-scape, or a Landscape Health and Condition Evaluation, will help the as-sociation learn the current conditions of their landscape and better prioritize what maintenance needs to be done. The results of an evaluation or inven-tory would then serve as the basis for writing a property specific Landscape

Maintenance Bid Package and a budget that only includes the work items need-ed for the current landscape conditions.

Many associations are finding that when they award a contract based upon their property specific Bid Package for landscape maintenance, tree care, pest control, irrigation maintenance, and other related property maintenance ser-vices, they have more control over their costs and a better criteria for monitor-ing the contractor’s performance.

Success for your landscape is seen in healthier plants and balanced bud-gets. A best practice to succeed is mov-ing from individual contractor propos-als to property specific performance based Bid Packages.



NOT ON THE GRAND TOURMedieval Walls: Canterbury, England

by Tony Consalvi

The first great book in the English language was written more than 700 years ago and tells the story

of a group of travellers who met at an inn just across London Bridge from the city center and set out on a journey of a few short days to the holy shrine of Canterbury. The distance was about 60 miles. We decided to take the jour-ney the modern way, a 90 minute train ride from London, a quick visit to the famous cathedral with a stopover at a local B&B, then on the next day to France and Paris. Simple plans some-times create wonderful experiences.

We enjoyed a leisurely breakfast at our hotel and still managed to be at Vic-toria Station in plenty of time for our train which quickly whisked us out of central London and into a countryside of small towns and rolling hills. Our short commuter train passed through some woods and then pulled into a small two track station with a sign tell-ing us where we should “alight”. It was not yet lunchtime. Our carry-ons in tow, we crossed a ramp over the ring road and walked along the ramparts of the old city wall, behind which was a

A Short Side Trip to CanterburyExperiencing the Wonder of the Cathedral

park and a large mound which towered over everything. As we came closer, we thought we saw what appeared to be a Viking guarding the keep on top. This was Dane John Mound and the senti-nel was a reminder that this ancient city was one of the most important cities in Britain way before it became a pilgrim-age site.

Normally, we do not choose our hotels in small towns or cities ahead of time, but just leave it to chance. Canterbury was no exception. Since we planned to leave the next morn-ing, we decided to look for a place near the train station and, sure enough, the Castle Hotel stood right in front of us. We found its small parking lot, climbed a few steps and entered a small lobby. There was no lift, but the young man who checked us in cheerfully helped us with our bags and, with an ancient key, unlocked the door and ushered us into a room with a window that was so well insulated that we could not hear the traffic below. When he left, we locked the door and left the key in the lock. There was an air of Victorian or-derliness. The bedspread and curtains were thick and ornate, the furniture was large, the bathroom was practical and there were places designed to ac-commodate all our travel items. Some-one had left a handwritten note on our dresser telling us what time breakfast would be served and, next to it, a small fold out map of the city. All we needed and nothing more.

FLNA FEATURE

Viking Sentinel -- Dane John Mound


The street which led to the cen-ter soon converted into a pedestrian zone and then opened up into a small crowded square which was ringed with small shops and restaurants and known as the Butter Market. On one side was a large gate with figures of Christ and his saints inviting us forward from their perch above a mantle covered with me-dieval coats of arms. Passing through, we were immediately overwhelmed by the immense Cathedral.

Entering this great Cathedral, a modern day pilgrim might be disap-pointed. Thomas Becket died almost 850 years ago and the holy shrine that greeted pilgrims is long gone, a vic-tim of the purges of Henry VIII. Only a marker remains to show where the foul deed took place. For more than two hundred years after his death, the Cathedral was continually expanded to accommodate the shrine and the many pilgrims who came to visit. We pur-chased a brochure to guide us through the massive structure and spent our time surveying its numerous artistic treasures, including the stained glass windows that were used to illuminate the pilgrims’ way as they completed their journey. We roamed from back to front along the main and side aisles and then down to the crypt and had com-pletely lost track of the time when a docent signalled us that visiting hours were over. As we were leaving through the southwest porch, we spied a small sign saying that “Evensong” would be starting in about a half hour so we de-cided to stick around.

We had always been told that, when in England, one should attend at least one “Evensong” to understand this form of worship which is so important

[ [

Canterbury Cathedral

Simple plans sometimes

create wonderful experiences.



in the Church of England. To have the opportunity to experience it in Can-terbury would be that much more ex-traordinary. We joined a few others and walked along the side of the nave and around the Quire until we reached the Transept where an older man, possibly a canon, unlocked an iron gate, gave each of us two hymnals and escorted us to a few rows of chairs that had been set up for visitors in the Presby-tery. We were still settling in when the choirmaster led a procession of what would prove to be the choir members and special guests, many wearing a tra-ditional surplice, to the quire stalls. He took his place on a small platform in the middle of the Quire and, after a short introduction, began the program. The acoustics of the building seemed to not only magnify, but also blend the voices into perfect harmony. But it was more than just the music. The skills of those medieval master builders who were never encumbered by our modern com-puter aided design and other software innovations had created an interior that was an expression of faith and a vi-sion of eternity. The Quire was lit for the singers, but behind it stood a great curved arch leading to the Nave which remained dark save for the moonlight passing through its stained windows. The arch and the ensuing rows of col-umns curved upward to the dizzying heights of the Cathedral itself and their lines reached backward until they dis-appeared into the soft light creating the illusion that the Cathedral was endless.

When it was all over, we walked slowly through the Great Cloister and under the Christ Gate and re-entered the modern world.

Our next day started in the small hotel dining room with the typical Eng-lish breakfast, aptly called a “heart at-tack on a plate”, and we were soon on our way to Dover. English weather is, at best, unpredictable and this day was no exception. The sky was overcast and, although it was still summer, we need-ed a jacket or sweater. The Channel was not as rough as we expected and the sun was out when we arrived in Calais.

An Ancient City andBritain’s Religious Traditions

When the Romans came more than 2,000 years ago, they re-named the already existing city Duroyernan Cantiacorum and centuries later, after they left, it was known as, in the Old English vernacular, Cantewarebuhr, the stronghold of the Kent people. In 597, St. Augustine baptized King Ethelbert of Kent, thereby es-tablishing Christianity in Britain, and became the first Archbishop of Canterbury. Centuries later, already a religious center, the city endured countless Viking raids and sacrificed at least one of its Archbishops to martyrdom. After the murder of Archbishop Thom-as Becket in 1170, the King himself came barefoot to do penance for the deed and, afterwards, the city became one of the most important shrines of the Middle Ages. Although the pilgrimages died out after the dissolution of Henry VIII, the status of Canter-bury remained intact and it is still today the seat of the primate of the Church of England.

(Below) Christ Gate



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FLNA Fall 2013 issue 9