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March 2009 Creating the Green Community Green Roof Cleaning Wire Florida The West West Florida’s Resource for Condominium, Cooperative & Homeowner Associations The Benefits of “Green Cleaning” and Plumbing System Restoration Florida Native Plants— Select the Right Ones for Your Landscape $9.95 Non-Member Price

Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

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Page 1: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

March 2009

Creating the Green Community

Green Roof Cleaning

WireFloridaThe West

West Florida’s Resource for Condominium, Cooperative & Homeowner Associations

The Benefits of “Green Cleaning” and Plumbing System Restoration

Florida Native Plants— Select the Right Ones for Your Landscape

$9.95 Non-Member Price

Page 2: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

�The West Florida Wire | March 2009www.caiwestflorida.org

CAI Wire Committee 2009

Vicki McClenathen, CEDJeff Whaley, Editor Meeting facilitator and responsible for final review of all content. Coordinates with Design Marketing Group for final copy and layout.

Nate Yoder, Secretary Responsible for meeting minutes, meeting agenda topics, and meeting reminder notices and content collection.

Nevenka Kovcic, Newsletter Content Coordinator Responsible for obtaining all content from committee members; collecting and archiving unsolicited articles; and collecting and archiving national articles.

Janet Romano, National Article Coordinator Responsible for reviewing, selecting and proposing CAI national articles that are issue / topic specific.

Steve Demchak, Board Liaison to Wire CommitteeTiffany Cox, Article and Photo Coordinator Responsible for obtaining, archiving and proposing issue / topic specific articles and photos.

Phil Frommholz, Copy Editor Responsible for reviewing all articles, content, etc. for grammatical, topic relevance and screen potential company promotional / advertorial content.

Design Marketing Group, Inc. Responsible for content layout, design, production and fulfillment.

Featured In thIs Issue:10 Creating the Green Community 14 Green Roof Cleaning18 Window Film21 The Importance of Association Contracts24 Mediation and Arbitration – What You Should Know26 The Benefits of “Green Cleaning” and Plumbing System Restoration 29 Florida Native Plants�0 CAI Fall 2008 Golf Tournament42 Condominium Association Covenant Enforcement45 How to Select A Professional Manager47 Does the Sunshine Law Affect Your Association?49 Owners Forum

5 Letter From The Editor 9 President’s Message 9 Meet Our Committee Members�5 CAI West Florida Chapter Sponsors�5 Welcome New Members�6 Business Partner Wrap-up�9 Managers Roundtable50 CAI Bradenton, Sarasota & Venice Breakfasts

departments/artIcles

March 2009

Legal Tidbits provided courtesy of Telese McKay, Esq. McKay Law Firm

The West Florida WirePublished by West Florida Chapter of Community Associations Institute ©2009

All articles and paid advertising represent the opinions of authors and advertisers and are not necessarily the opinion of either The West Florida Wire, West Florida Chapter, or Community Associations Institute.

ARTICLE SUBMISSIONS: Send articles in Microsoft WORD format to [email protected]

ADVERTISING: Contact Executive Director Vicki McClenathen at 941-927-1910 or [email protected]

SUBMISSION DEADLINE: The West Florida Wire is a quarterly publication. All article and advertising submissions should be received by the editor at the 1st of the month prior to publication date.

Page 3: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
Page 4: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
Page 5: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

9The West Florida Wire | March 2009www.caiwestflorida.org

Donnie P. MelendyDonnie Melendy is a native Floridian

who has lived most of her life in Sarasota. She has been employed for 12 years with CMR & Associates Services Inc., parent company to CMR Property Management.

She has worked as a bookkeeper and staff accountant for four years within CMR then changed her profession to the property management side of the company. Donnie thought this would be a way to get out of the office more and to get away from accounting deadlines. She has been a member of CAI for eight years and started attending meetings at the Quay when there were only sixty members. She has volunteered her time with CAI through the following events: at CA Day registration, CAI Sarasota Breakfast registration, Sarasota Breakfast Meeting Ambassador and now as Secretary of the CAI Board of Directors. She hopes to give back to CAI as much as CAI has given to her.

Steve DemchakI received my degree in Mechanical

Engineering with a minor in Business at General Motors Institute, now known as Kettering University, in Flint, Michigan. I left GM to become a product designer for

the National Cash Register Co. While troubleshooting a cash register problem for a major discount store chain, I was recruited to store management. During the discount store washout, when discount companies were either folding or being bought out, I managed stores for Zayre Inc. and TG&Y Stores Inc. I then opened my own sports apparel and uniform printing company until my children finished college at which time I retired. My retirement lasted for only two years. While playing golf with a group of British Petroleum (BP) executives, I was convinced to come out of retirement and join their firm. After becoming a multi-site manager for the eastern section of Cleveland, my wife convinced me to again retire and move to Florida.

I bought a condo and was promptly elected association presi-dent. I got my CAM license and joined CAI. After eight tears association president, I took a position with Advanced Manage-ment Inc. (AMI). The need for back surgery caused me to leave AMI. I am still an unpaid advisor to the president of Second Bayshore Condominium Assoc.

CaIisanationalmembershipassociationthatprovidesinformation,toolsandresourcestohomeownersandprofessionalswhogovernandmanagecommunityandcondominiumassociations.CaImembersincludecommunitymanagers,volunteercommunityassocia-tionleaders(homeowners)andbusinessandprofessionalswhosupportcommon-interestcommunities.MoreinformationaboutCaIcanbeobtainedatwww.caionline.orgorbycallingtollfree(888)224-4321.Visitourwebsiteatwww.caiwestflorida.org.

Meet Your Board Members

With the new year comes a new President, and for me, a gauntlet of responsibility and large shoes to fill. Having lunch with Past President Mike Angers recently made me again realize how much Mike has provided to this organization in the last year. How he was able to spend so much time working in the CAI office, along with attending

almost every CAI event that transpired, while still maintaining his everyday job, is inspiring and commendable. He must have been lying when he said that he also had a wife and a family, because his time and dedication to CAI left very little time for much else. His shoes will be hard to fill…but at least I can feel good that my shoes are better looking than his were!

For this upcoming year, I have three main goals. The first and most important one in my opinion is to create a better committee system to support the unbelievably large number of events that we offer. Committees really are the backbone for organizing everything offered through CAI, as the CAI office and Board alone could not undertake all of the work to make the breakfasts, education classes, outings, magazine and other CAI offerings. I think that I have laid the groundwork for a better system already, when I unveiled the restructuring of the committees at the 2009 retreat in October of 2008. The retreat was also the first time that all of the committee chairs have ever met with the entire Board at one, which was extremely helpful to get everyone on the same page. If you are not serving on a committee, do so. You will be impressed by the leadership of the committee chairs. And if you are already serving on a committee, you will begin to notice positive changes, such as more specific job descriptions of the services of each commit-tee, which are now written in a manual for the first time, and the creation of more manageable sized committees. I hope that these changes bring positive results that will be seen and felt very early on in 2009.

Second, I hope that we can give CAI more of a presence in the community. We are well on our way to making this happen,

MessagePresident’s

Continued on Pg 13

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10 The West Florida Wire | March 2009 www.caiwestflorida.org

by Sue Shaw, CMCA, AMS

Creating the Green Community

Page 7: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

11The West Florida Wire | March 2009www.caiwestflorida.org

When you hear the words “go green” does your mind conjure up visions

of tie-dye and communes, or maybe cac-tus and a dessert-like appearance? Do you think to yourself, “But the communities I manage like the ‘lush tropical look’” or “My boards aren’t gonna wanna hear about “green” if it costs money?” This article will help you find ways to be green without “breaking the bank.”

Whether you’re reading the local paper, magazines like Newsweek or Time, or watching the local news, even reading the inserts in your utility bills, we are bombarded by the reminder that we need to exhibit “green behavior.” Everyone is jumping on the green bandwagon. This article will challenge you to “hop on” and find ways to add green to your personal and professional life.

So now you’re wondering how you can convert your awareness into actions. Green means – thinking about the 3 R’s - Reducing, Reusing, and Recycling.

LandscapingLet’s start with something every community has - the landscape

contractor. One of the ways communities can increase their mon-etary savings and contribute to enhancing “green” is to look at xeriscape when making any landscape additions or modifications. Xeriscape is a landscaping method developed especially for arid and semiarid climates that utilizes water-conserving techniques (such as the use of drought-tolerant plants, mulch, and efficient irrigation). Xeriscape has many misconceptions, bringing to mind mental pictures of cactus, gravel, rock gardens and anything brown – NOT! Sometimes called “dry-only,” it doesn’t mean that’s the look achieved. Xeriscape landscaping can be beautifully colorful, even lush. Talk to your landscaping contractor about “less lawn landscaping” – not “lawn less” landscaping. By simply adding plant materials that prefer to be dry most of the time your commu-nities can cut costs, save water and be environmentally friendly.

One management company in a major metropolitan area has converted their communities from seasonal color to use of xeri-scape materials. To ensure that homeowners and visitors real-ize that not planting seasonal color was a choice the community made, the management company installed tasteful signs in the entrance beds that announce “this community has chosen to ‘go green’ – our community hopes you will enjoy the many drought resistant plants throughout our community.” Being environ-mentally conscious and beauty can be synonymous. Whether

or not you change out seasonal color for drought resistant plant materials, even small changes have a permanent impact on our environment.

Swimming Pools & Water FeaturesSwimming pools are another area where you can encourage

your communities to “think green.” Many pool users are allergic to chlorine and everyone ends up with skin that smells like chlo-rine when they leave a chlorine treated pool. Filtration systems that use salt - Salt Chlorinators - use a small amount of natural salt (sodium chloride) dissolved in the water (becoming about half as salty as a human teardrop) to achieve the same sanitation levels. No more storage in your pool pump room of hazardous chemicals and homeowners will appreciate saving the wear and tear on bathing suits caused by chlorine. Some pool contractors are now offering the salt chlorinators on a lease basis meaning that communities do not face an initial outlay of cash to convert their pool pumps. When it is time for replacement, the cost of the salt chlorinators is similar to chlorine pumps.

Those beautiful fountains and other similar water features are not only wasteful, but in some areas of the country, their use is banned due to water use restrictions. Being creative with select plantings in and around the fountain can turn that eyesore into a work of art.

Pest ControlHow about those bugs, pests and the critters no one wants?

Many pest control vendors use IPM (Integrated Pest Manage-ment) programs that are environmentally sensitive. Ask your ex-termination vendor about their IPM program, or choose one that uses USDA NOP – botanical or organic pest control methods – chemicals that occur in nature vs. being manufactured. Suggest

Page 8: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
Page 9: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

14 The West Florida Wire | March 2009 www.caiwestflorida.org

As we continue to educate ourselves of “Green” options in our lives, it

is important to know there are cost-effective options for your roof too. Not only is going Green on your roof cost-effective, it helps to eliminate the wear and tear that can lead to premature replace-ment and it conserves water in comparison to cleaning. Expe-rienced property managers familiar with the effects of repeated roof cleaning know that using high pressure or harsh chemicals can greatly accelerate the aging of a roof, and many just accept it as “the cost” of keeping roofs clean—but there are effective ways to avoid this.

Roof MaintenanceProper maintenance is obviously important to a community’s

image, protection of property values, and homeowner enjoy-ment of the community. It is also essential for controlling both short- and long-term costs. Property managers and board mem-bers taking on the responsibility of evaluating and planning the long-term direction and finances of a community should always be aware of what the long-term effects of maintenance, or lack of it, will be on the long-term costs to the community.

Roofs are a prime example. If properly installed and main-tained, a quality roof should last 25–30 years and, in some cases, up to 50 years. Unfortunately, many roofs in South Florida are in need of major repair or replacement after ONLY 15 years—or roughly 50 percent of their expected useful life!

Why? This usually happens when there is no plan of regular-ly scheduled inspection and maintenance to find and fix small

“Green” Roof Cleaning

problems before they become much bigger problems. Another reason is repeated cleaning using high pressure and/or harsh chemicals. While effective if done correctly, repeated use of these methods will damage the roof surface and, more impor-tantly, the underlying weatherproofing. It is important if you must clean your roof, follow the tile & shingle manufacturers recommended cleaning procedures. Not only will this keep your warranty in tact, it will obviously, help give your roof its longest life.

While the reasons for cleaning are important —aesthetics, property values, energy efficiency, and increased longevity of the roof—not much is gained if the roofs are being damaged during the cleaning process. But whatever the reason is for cleaning, if it is going to be done, it is in your best interest to know what choices are available and how they will affect the roof.

What Causes The Roofs To Be Dirty?Scientists at 3M have identified the black streaking typically

found on roofs as Gloeocapsa Magma or roof algae. These Algae spores are carried by the wind, which is why so many houses in the same neighborhood can end up with this problem. During the last 20 years, this particular algae strain has become hardier and so has been able to migrate to less humid environments than it has in the past. And in areas where it traditionally has been found, the staining is showing up earlier, is more severe and settles on a greater number of roofs. This is a “growing” problem throughout the United States.

The Roof Is Dirty - How Can It Be Cleaned?Typical roof cleaning methods involve either pressure clean-

ing or chemical cleaning with chlorine bleach or sodium hy-droxide. Each method has its advantages and disadvantages.

A chlorine and water solution can be used followed by a thorough rinse. Of course, since chlorine can be toxic to people and plants, proper care should be taken to protect the surround-ing property from overspray and runoff. Heavy solutions of chlorine, generally anything over 15%, is NOT recommended and unnecessary. The reasoning behind using high levels of chlorine or bleach cleaning include a much faster process and include minimal rinsing as compared to other methods. How-ever, you should understand plant damage is likely and this type of cleaning will generally not last longer than one year whereas nothing was truly cleaned away. This can translate into less wear and tear on the roof—particularly asphalt shingle roofs.

by Michelle Finley

Page 10: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
Page 11: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

17The West Florida Wire | March 2009www.caiwestflorida.org

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18 The West Florida Wire | March 2009 www.caiwestflorida.org

Window Film: as “Green” as Can Be…and Better-Looking Than Ever!

In 1966, the 3M Company invented the world’s first window films.

These original dyed or metalized polyester films, applied to the interior surface of glass, were valued for their ability to dra-matically reduce unwanted heat, glare and Ultraviolet rays (the main cause of sun-fade). The fact that all of these benefits were now possible without compromising the view or the optical clar-ity of the glass - still letting windows be “windows” - made this technology extremely appealing for anyone with glass exposed to direct sunlight. Commercial buildings, residential homes and automotive applications became the primary marketing focus and within a few years of its conception, as other manufacturers developed their versions of the same, a full-fledged industry was born.

The clientele with the most to gain from this technology were, understandably, those with the greatest amount of glass exposure and the largest energy bills. When the energy crisis of the 1970’s arrived, more and more high-rise office buildings be-gan to “wrap” their entire buildings with metallic window films capable of rejecting over 70% of the sun’s heat that would oth-erwise enter the building. Skyscrapers such as the John Hancock Building (Boston) and The Sears Tower (Chicago), became gleaming testaments to the remarkable effectiveness of this technology. Not only did the energy savings justify the invest-ment, but the film also provided comfort to the occupants, as well as protection for the furnishings and other contents of the

building. Even in Syracuse, NY – the second “cloudiest” city in the country – where I operated a window film dealership for 15 years, the largest part of my business (by volume of product sold) was commercial applications for clients such as Xerox, Kodak, IBM, major banks, universities, hospitals and municipalities. Customers like these normally only invest many thousands of dollars in proven solutions which can provide an attractive re-turn-on-investment. Window films certainly “fit this bill”…long before the term “green” was ever coined.

Over time, homeowners increasingly embraced this same technology. Many homes and businesses, today, are designed to introduce natural daylight from many directions. However, all of this appealing natural daylight comes with a price: increased solar heat gain, glare and acute exposure to sun-fade.

Window film can decrease the amount of heat that infiltrates your glass by as much as 78%. When heat is kept out, you don’t have to pay to “pump” it out, thus reducing you’re A/C cooling costs. The installation of a high performance film can translate into a savings of one ton of air conditioning (12,000 BTU/Hr.) for every 100 square feet of glass that is exposed to the sunlight. This not only translates to energy savings and comfort, but ex-tends the useful life of your HVAC equipment, as well.

Excessive heat and glare can turn your favorite room in the house into the last place you want to be. In addition to solv-ing the heat problems, window film can block over 80% of the sun’s glare, enhancing the comfort of a particular room without necessarily drawing shades/blinds, thus eliminating your views to the outside. The welcome daylight that brightens a home also brings with it every homeowner’s nemesis: Ultraviolet light. These damaging rays wreak havoc on interior furnishings such as furniture, carpeting, draperies, artwork, wood floors etc... Most films, clear or tinted, will block 99% of these harmful UV rays. When you think of the value of the contents of your home, this protection alone could be worth the investment.

Historically most window films that effectively reduced solar heat gain relied on the use of dyes or metals and were, either, noticeably reflective or tinted dark. Utilizing recent R & D break-throughs - and nano-technology- several film manufac-turers have created films which can reject significant amounts of heat, without adding to the reflectivity of the glass or otherwise noticeably changing its appearance. One manufacturer created a completely metal-free film - with over 250 nano-layers - that is less than the thickness of a Post-it Note! Others have utilized new ceramic-based technologies - to the same effect. Given the

by Terry Lydon

Page 13: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
Page 14: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed

21The West Florida Wire | March 2009www.caiwestflorida.org

Community Associations should approach the contracting of services

in a professional manner, in order to protect the Association’s interests. It is also in the interest of those providing services that the con-tract be properly prepared.

As an Association attorney, it amazes me how often a client will come to me with a serious problem with a contractor, sometimes for work costing tens of thousands of dollars or more, based on a one-page one-sided form contract presented by the contractor.

Also, some Associations try to get out of a management con-tract only to find that it is very difficult to do so under termination provisions drafted by the management company. Other provi-sions to be scrutinized in a management contract include those concerning liability, indemnification and extra charges (such as provisions for the manager to get a percentage for administering a construction project or insurance claim).

The Association should engage the services of its attorney in the preparation of any significant contract, for repairs or improve-ments, management services and otherwise. If the Association uses a form contract prepared by the project architect or engineer, the Association attorney should review that contract and prepare an appropriate Addendum to better protect the Association’s in-terests (as those forms are principally designed to protect the archi-tect or engineer). Among the contract provisions to which care should be given are the statement of start and completion dates, a daily penalty for late completion, indemnification of the Asso-ciation (with care given to compliance with the requirements of Section 725.06, Florida Statutes), liability for damages caused by the contractor, inspection and approval, post-contract remedies, waiver of contract construction against the drafter, attorney’s fees and an express warranty.

The Importance of Association Contracts

In a contract for significant repairs or improvements, is very im-portant that detailed contract specifications be prepared by the Association’s architect, engineer or other expert consultant be attached to the contract as an exhibit and incorporated therein by reference. The contract should specifically require compliance with those specifications and other contract terms as well as all ap-plicable building codes and other governmental regulations, man-ufacturer’s specifications and industry standards, together with re-citing that the work shall be performed in a good and workmanlike manner and that all materials shall be new and of good quality.

Any Association contract for renovation or other maintenance, repair or replacement of the condominium property which costs more than $2,500 must comply with Chapter 713, Florida Statutes, the Florida Construction Lien Law. This law exists largely to protect subcontractors and suppliers from default in payments due them by the contractor. The Association should be careful to comply with this law in order to avoid paying twice for the contract work, due to its exposure to claims by such subcontractors and suppliers.

The Construction Lien Law requires that the Association re-cord a certain Notice of Commencement in the public records and post a certified copy of that Notice at the job site, to place subcon-tractors and suppliers on notice and to trigger a requirement that they serve a certain Notice to Owner on the Association. Then, in making progress payments and the final payment to the con-tractor, the Association must obtain a certain Affidavit from the contractor certifying that the subcontractors and suppliers have been paid. Upon completion, the Association should file a Notice of Termination in the public records. The statute provides various deadlines for notices and claims and entitles the prevailing party in legal action under the statute to recover attorney’s fees and costs.

The Association should also be certain that it comply with the requirements of the Condominium or HOA Act with regard to bidding certain contracts and the content of contracts for manage-ment services. Y

Dan Lobeck is the Managing Partner of The Law Offices of Lobeck and Hanson, P.A. in Sarasota.

by Dan Lobeck, Esq.

Page 15: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
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24 The West Florida Wire | March 2009 www.caiwestflorida.org

Mediation and Arbitration – What You Should Know

If you are not a community as-sociation, READ THIS ANYWAY.

Although community associations operate under statutes that require mediation and/or arbitration of certain matters, all kinds of businesses and service providers can benefit from mediation and arbitration. In fact, many commercial contracts these days contain mandatory binding or non-binding arbitration clauses, and some require mandatory pre-suit mediation. Additionally, businesses are finding it easier and less costly to engage in volun-tary, non-binding mediation and/or arbitration prior to filing a lawsuit. You can hardly avoid mediation or arbitration these days if you are a business person of any kind.

Mediation v. Arbitration:Collectively, mediation and arbitration are considered “al-

ternative dispute resolution.” Some people are not aware that mediation and arbitration are two different things. Mediation is an informal and confidential process whereby a neutral third person (the mediator) facilitates discussions between disputing parties to try to voluntarily resolve the dispute. The mediator is neutral as to the participants and impartial as to the outcome. The mediator has no decision making power, but facilitates the resolution in an informal and non-adversarial process.

A settlement agreement reached in mediation can be memo-rialized in writing at the mediation and become a binding, en-forceable agreement, thus putting an end to the dispute.

Arbitration is a process whereby a neutral third person or pan-el considers the facts and arguments presented by the parties and renders a decision that may be binding or non-binding. How par-ties get to arbitration is often governed by statute or contract.

Binding arbitration results in a final decision by the arbitrator(s) that can only be appealed to a court of law for very narrow reasons.

Non-binding arbitration can result in either a final decision that is widely appealable; an advisory opinion (advising the court as to what the outcome should be); or an early neutral evaluation of the case.

Condominium Associations:Chapter 718, Florida Statutes, requires condominium associa-

tions to engage in alternative dispute resolution of certain dis-putes prior to filing a lawsuit in court. Those disputes are defined in Section 718.1255, Florida Statutes, and typically involve an Association’s attempts to require a unit owner to take an action regarding their unit; or they involve certain records requests and election violations. Certain disputes are NOT within the provi-sions of Section 718.1255, such as title disputes or assessment payments, and therefore alternative dispute resolution prior to filing in court is not required (but still encouraged).

If the dispute is covered by Section 718.1255, the petitioning party first files a petition for non-binding arbitration with the Department of Business and Professional Regulation in Tallahas-see. Once the Division determines that it does indeed have juris-diction, it will typically serve the petition on the opposing party, requiring an answer. The road that the case takes after that can vary from case to case. Oftentimes the arbitrator will send the parties to mediation or the parties can stipulate on their own to go to mediation. Herein lies the loophole of Section 718.1255. If there is an impasse and no settlement is reached in media-tion, the parties must both stipulate to continue the action in arbitration. If both parties do not so stipulate, the arbitration is terminated. Thereafter, either party may file the dispute in court, wherein they basically start all over again.

If the arbitration does not go to mediation, the arbitrator dis-poses of the matter either by holding a “trial” where evidence and witnesses are examined, or by deciding the matter “summarily” on the face of the written pleadings. Because this is non-bind-ing arbitration, after the arbitrator enters his or her order, either party may “appeal” the ruling to the court of appropriate jurisdic-tion. The word “appeal” is really a misnomer because the matter

by Mary R. Hawk, Esq.

Page 17: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
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26 The West Florida Wire | March 2009 www.caiwestflorida.org

An important component of an effective community pollution prevention plan

Leaking and deteriorating pipes are a big problem for many condominium asso-

ciations and building owners here in Florida. The deterioration of cast iron pipes, behind walls and under-ground, are due to several factors including climate, water quality, lack of proper maintenance, and the age of buildings. Scaling builds up inside cast iron, which reduces the pipes volume and makes the walls of the pipes rough, collecting debris and causing blockages that cost owners money and can result in damage to their property.

The common response by owners and managers is to have their local plumber out to “cable” or “rooter” the pipes to clear blockages as they occur.

There are two problems with this approach:1. When cabling or “rootering” a pipe, any debris that is dislodged falls down to the underground pipes and will cause future blockage and damage to the clay or cast iron pipes below ground. This debris and scale is often too dense to simply wash away and builds up over the years causing more problems and blockage in the pipes.

2. Using a “snake” cable machine on the inside of the pipes can crack cast iron and dislodge debris without the owners knowledge, often months or years later a major crack or pipe failure becomes apparent at great expense and disruption.

The Benefits of “Green Cleaning” and Plumbing System Restoration Solution:

The most cost effective and intelligent solution is to have the plumbing system restored to its proper condition by a combi-nation of hydro-scrubbing and vacuum truck to remove the debris as they are being cleaned. This has been termed “GREEN CLEANING” and it has many benefits to property owners and managers:

1. “Green” cleaning restores the pipes to their original surface by removing all scale and debris and prevents further corrosion.

2. A Vac truck removes all toxic waste and debris as the pipes are being properly cleaned. It also prevents water intrusion through any cracks or lateral due to the power suction it provides and provides an additional safety element.

3. After removing all scale and debris, the pipes can then be video inspected for cracks and/or damage that may have occurred by years of neglect. Problem areas can either be replaced or lined internally to ensure a longer life and less frequent repairs to the plumbing system.

Environmental Benefits:For year’s property owners have been unknowingly polluting Florida’s ground water and vital waterways with sewage and debris from cracked and damaged underground pipes. By pro-actively “GREEN CLEANING” and maintaining their plumb-ing systems, owners and property managers can help be part of the solution to cleaning up our ground water and waterway resources, while at the same time saving money and time due to the proper care of their plumbing systems that are unseen and often neglected, but are so vital to our daily lives. This is a key to a good Pollution Prevention Plan which has been over looked by so many managers and owners who want to be responsible and effective stewards of their properties and local water resources. Y

For year’s property owners have been unknowingly polluting Florida’s ground

water and vital waterways with sewage and debris from cracked and damaged underground pipes.

by David Swain

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29The West Florida Wire | March 2009www.caiwestflorida.org

“Right plant, right place!” Many of you have heard this landscape man-tra for years. You might be surprised to learn that it applies to native plants, too. I learned this fact by way of a big landscape mistake I made a hundred years ago with the native Southern wax myrtle. Without fully appreciating the extent of its rapid growth rate and humongous size, I planted twenty of them as a boundary hedge in a small space.

Suffice it to say that I spent many weekends (years!) clipping and sawing these plants to keep them small. Heart rot and oth-er fungal diseases developed on the cut branches, causing their gradual decline and removal.

I’ve been replacing them with a mixed shrub border of plants more suited to the site, which is dry as a bone in the spring and soggy in the summer. These include several Florida natives such as beauty-berry, female Dahoon holly, dwarf Walter vibur-num, firebush, and a splotch of non-native crotons (planted on a shallow mound) for year round color. With these plants, I’ve had excellent results—less pruning, for sure! But I’ve also found some extra benefits including no fertilizing and no irrigation. (I need not mention the songbirds and butterflies).

Take-home lesson: Before embarking on a native plant proj-ect, use the same rules for plant selection that you’d use for any other plants. Choose the “right plant for the right place.”

Florida Native Plants—Select the Right Ones for Your Landscape

• Learn. Take the time to study how fast or slow native plants grow, how they look at maturity, where they grow natu-rally, and what kinds of maintenance they require. Speak with experts at native plant nurseries and native plant sales. Search on Google for books on native plants for central Florida, south-west Florida and the Gulf coast. Read and compare plant de-scriptions and uses.

• Evaluate. Scrutinize your property’s growing conditions. Is the soil very dry or damp all year? Does it stay damp or even soggy during rainy periods? Is the soil acidic or alkaline? Is it sunny or shady, or a little of both? Do you live near the coast where the air is salty, summers are hot, and winters are mild with desiccating winds? Do you live out east where winter frosts and occasional freezes are quite common?

• Observe. Look at plants as they grow throughout the four seasons in undeveloped woodlands. Guided tours in nearby nature preserves, such as Myakka State Park, will show you what native plants look like and how they grow. Many of these plants fit well in suburban landscapes, providing interesting foliage, colorful flowers and fruits at different seasons. Go on field trips with the local native plant society (see end of article).

• Finally, get married! What, you say? Yes, marry the right native plants to your thoroughly evaluated site. Success is right around the corner.

I have barely touched the surface of native plants! A great resource is the Florida Native Plant Society’s webpage, http://www.fnps.org. Here you’ll find descriptions of different natural habitats in Florida, plants that grow in these habitats, and lists of plants that are native to counties in Florida. The local chapter is the “Serenoa Chapter”—you can link to this chapter and its activities (including fieldtrips) through a pull-down menu at the website mentioned above. Y

by Peggy Dessaint, Extension Agent in Commercial Horticulture, Manatee County Extension Service-UF/IFAS.Florida

Beauty-berry fruit and firebush flowers are a knock-out fall color combination.

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�0 The West Florida Wire | March 2009 www.caiwestflorida.org

N CAI Fall 2008 Golf Tournament n

The CAI Fall 2008 Golf Tournament started a week later than originally planned thanks to Mother Nature. However, on the day of the re-scheduled

tournament, Friday October 31st at Heritage Oaks Golf and Country Club, the weather was absolutely perfect!

Congratulations to the winning team of John Yuzzolin, Jim Cullum, Thomas McNeil and Ron Beck shooting an impressive low score of 60! Second place with a score of 61 went to the team of Bob Barthman, Patrick Doyle, Brian Thompson and Terry Boyle. And coming in third place was the team of Rod Pearson, Fred Carr, Bruce Sabine and Mark Wilhelmi with a score of 59. Congratulations to all of you!

There were numerous contests located throughout the course. The Ladies closest to the pin winners were Denise Majka (twice), Mrs. Shane Smith and Bridget Spence. The Men’s closest to the pin winners were Eric Lawson, Roger Collins, Randy Eldridge and Bob Wiebusch. The lon-gest drive contest for the men was won by Mark Wilhelmi. The winner of the longest drive contest for the women was Mrs. Shane Smith. The putting contest winners were Mark Roberts and Adam Farnholtz.

We would like to thank all of our generous sponsors and volunteers who helped make this such a terrific and fun-filled event. Thank you!!

2008 Fall Golf Tournament Committee:Allie Hueter – McKillop & SonAngie Reeves – Sabal Palm BankBob Benson – Statewide Disaster RestorationChris Harter – SERVPRO North SarasotaEd Nugent – Cornerstone Signs & GraphicsGail Stephens – Air MoversNevenka Kovcic – First BankRichard Moyer – Scott PaintRich Gardner – PestGuardTammy Zuknick – Superior BankTerri West – Westcoast Business SolutionsThomas McNeil – Greenscape ServicesTim Sanger – Galaxy PoolsTricia Foster – Levin Tannenbaum

Tournament Photo Sponsors:Statewide Disaster Restoration

Volunteers:Cindi Bass – Florida Southern RoofingJoann Zumba – M&I BankPat Augustitus – Colonial BankSteve Rioux – GrimefightersTeri DeBella – Massey ServicesTracey Hart – Wind Shutters

Board Liason:Bill Sutton – Progressive Community Mgmt.Eric Lawson – Scott PaintPam Lutz – CAIVicki McClenathen - CAI

Major Tournament Sponsors:Cornerstone Solutions Group (2 Major Sponsorships)EnveraGalaxy Pools

Beer Cart Sponsors:Atlas Insurance AgencyDigital Image Business SolutionsFirst BankMcKillop & SonScott Paint Company

Beverage Cart Sponsors:Mullet’s Aluminum Products, Inc.Nanak’s LandscapingSherwin Williams

Water Sponsor:Vic’s Painting

Hospitality Sponsors:Clarke Mosquito ControlColonial BankFlorida Shores BankNanak’s LandscapingSuperior Bank

Putting Contest Sponsor:Cornerstone Solutions Group

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�1The West Florida Wire | March 2009www.caiwestflorida.org

N First Place nJohn Yuzzolin, Jim Cullum,

Thomas McNeil and Ron Beck

N Second Place nBob Barthman, Patrick Doyle,

Brian Thompson and Terry Boyle

N Third Place nRod Pearson, Fred Carr,

Bruce Sabine and Mark Wilhelmi

N Golf Tournament Winners n

Ladies Closest to The Pin Winners

Denise Majka (twice), Mrs. Shane Smith and Bridget Spence

Eric Lawson, Roger Collins, Randy Eldridge and Bob Wiebusch

Mark Wilhelmi

Mens Closest to The Pin Winners

Mens Longest Drive Winners

Mrs. Shane Smith

Womens Longest Drive Winners

Mark Roberts and Adam Farnholtz

Putting Contest Winners

Eric Lawson of Scott Painy was one of four winners

sharing the honor of closest to the pin

Fall Golf tournament winning team of John Yuzzolin, Jim Cullum, Thomas McNeil and Ron Beck

Players registered before daybreak for the fall golf tournamanent at Heritage Oaks Golf & Country Club Who was that masked man - no really who was it?

Shown here Angie Reeves and Allie Hueter

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�5The West Florida Wire | March 2009www.caiwestflorida.org

2009 CAI West Florida Chapter Sponsors DiamondScott Paint CompanySleuth Plumbing TechnologiesUnion Bank

Platinum Absolute Aluminum, Inc.Atlantis Constructors of SW FL Inc.Atlas Insurance AgencyBrown & Brown InsuranceColonial BankCommunity Association Banc & CondoCertsComplete Aluminium General ContractorsCornerstone Solutions GroupEnvera SystemsFirst Bank Association ServicesFlorida Shores BankKarins Engineering Group, Inc.Massey Services, Inc.Murton Roofing Corp.Nanak’s LandscapingOswald Trippe & CompanyScarr Insurance GroupSERVPROSherwin WilliamsSuperior BankValleyCrest Landscape MaintenanceWind Inspections

Gold Advance Management, Inc., AAMCAir Movers Structural Drying & Cleaning SpecialistsALERT Protective ServicesArrow Environmental Services, Inc.Asphalt Restoration Technology Systems, Inc.Becker & Poliakoff, P.A.Delta Engineering & Inspection, Inc.Dictor/MartinEnviro-TechMetLife BankMore Space PlaceRL JamesSabal Palm BankService Painting of FloridaSlider Engineering Group, Inc.Statewide Disaster Restoration SouthStructural Preservations SystemsThe Damex CorporationVic’s Painting

BronzeAction Association ManagementCMR Property Management, Inc.Condo CPALakewood Ranch Inter-District AuthorityLutz, Bobo, Telfair, Eastman, Gabel & LeeNXGEN Payment ServicesPlatinum Community ServicesQuestar Construction, Inc.Universal Paint & Design Services, Inc.

Silver Aqua Plumbing and AirAquatic Systems, Inc.C&S Condominium Management Services, Inc. AAMCCasey Condominium Management, Inc.DeStefano Engineering Group, PLFirst Community Bank of AmericaFlorida Southern RoofingGreen Thumb Landscape Maintenance, Inc.Greenscape ServicesGrimefighters, Inc.Hurricane Glass Shield, Inc.LandMark Bank of FloridaLevin TannenbaumManson Roofing, Inc.McKay Law Firm, P.A.Mullets Aluminum Products, Inc.Pestguard, Inc.Porges, Hamlin, Knowles & Prouty, PAProgressive Community Management, Inc., AAMCRampart Properties, Inc., AAMCReserve Advisors, Inc.SmartStreetTownsend AppraisalsTyack & AssociatesUS LawnsWholesale Landscape Supply, Inc.

Welcome New MembersOctober 2008Michael Bentley Mgr Bentley AssociatesSue Henson MgrCraig Marquart MgrBeverly Moore CAVL L’Ambience at Longboat KeyForrest Paradise CAVL Lido Surf and SandShirley Parks CAVL Mill Creek AssociationNick Pocock MgrElisa Anderson Mgr Action ManagementMeredith Chase BP Florida Bank of SarasotaDebbie Friend BP MGA InsuranceAndy Sorensen Mgnt HH Management ServicesPetra Winegar MgrLisa Lemmon Mgr C&S Condominium ManagementGlenn Fletcher Mgr Water’s EdgeJohn Trimpe BP R.J. Rhodes Engineering, Inc.Craig Huntington BP Alliance Assn. Financial ServicesJustin Patterson Mgr Progressive Community ManagementShannon Price Mgr Lakes Edge Condominium AssociationWilliam Mason BP Homeowners Insurance Inspections

November 2008Jan Galik - MgrMrs. Carolyn Ackerland- BP Gary’s Roofing & BuildingMr. Dean Wince- CAVL Windward Isle Homeowner, Inc.Mr. William Wozniak- CAVL Windward Isle Homeowner, Inc.

Mr. Richard Zepp MgrMr. Thomas Seguin CAVL River Dance Homeowners AssociationMr. Robert Halsted BP SWP InsuranceMr. James Lascano BP VerizonMrs. Judy Hoover Mgr Spanish Main Yacht Club, Inc.Rosaland Weisberg CAVL Cypress Strands Condominium Assoc.William West CAVL Cypress Strands Condominium Assoc.

December 2008 Dennis Loxton BP MetLife Bank-(Multi-Chapt) Jason Bell BP Royce Integrated Solutions-(Multi-Chapt)Mr. Steven Crowell Mgr City of North Port Ms. Christine Sims Mgr Whispering Sands Condominium Ms. Lucy McCulloch MgrFrank Broz BP Bayshore Painting Contractors, Inc. Judson Griggs BP Crawford Landscaping Group Patricia Staebler BP Staebler Appraisal & Consulting Greg Leffert BP Enviro-Tech RoofingSharon Viner BP CNL Bank Eric Arfons BP Wind Inspections LLCTodd Fulk BP Georgia Safe SidewalksTheodore Kempa CAVL Tree Lake Association, Inc.Darlene McKinsey CAVL Tree Lake Association, Inc.Richard Judkins CAVL Tree Lake Association, Inc.Tom Voss CAVL Gasparilla Condo Assoc.Carol Robinson CAVL Manasota Beach Gardens Assoc.

Page 23: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
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42 The West Florida Wire | March 2009 www.caiwestflorida.org

Condominium Association Covenant Enforcement

A frequent issue facing condominium associations and owners living in a

condominium is the responsibility to fol-low the provisions of the condominium’s governing documents (“Declaration”). A violation of the Declaration and the Condominium Act, by owners and associations alike, is the subject of numerous court cases, and war stories.

However, not all “disputes” are “disputes” and not all “disputes” make it to court. Yes, Abbott and Costello’s “Who’s on first?” is beginning to sound clear. Basically, the Condomini-um Act (Chapter 718, Florida Statutes), defines what constitutes a “dispute” and the reason for this definition will soon, I hope be clearer.

But first, the Act defines “dispute” generally as “any disagree-ment between two or more parties that involves: (a) The author-ity of the board of directors, under the Condominium Act or the association documents to: (1) require any owner to take any action, or not to take any action, involving the owner’s unit; or (2) alter the common area or elements.” Also, defined as a “dispute” is “…any disagreement between two or more parties that involves: the failure of the governing body under the Act or governing documents to: (1) properly conduct elections; (2) give adequate notices of meetings or other actions; (3) properly con-duct meetings; and (4) allow inspection of books and records.”

So why is the definition of a “dispute” important? Because “disputes” as defined under the Condominium Act are required to be submitted to the Division of Florida Condominiums, Time-shares, and Mobile Homes of the Department of Business and Professional Regulation for nonbinding arbitration prior to the institution of court litigation. The nonbinding arbitration pro-cess can take several months to complete and depending upon the nature of the violation it very well may continue pending the outcome of an arbitration decision. Since arbitration is nonbind-ing, this means that even when a decision is made in arbitration, either party, has the right to appeal the arbitration decision in state court. Again, depending upon the nature of the violation, the violation may continue pending the outcome of the state court. Therefore, associations and owners both should be aware of the added procedural requirements of nonbinding arbitration and the impact it might have on the ability of either party to obtain a quick resolution of the covenant violation.

For the same reason it is important to understand, what is a “dispute” under the Condominium Act it is equally important to understand what is not a “dispute” under the Act. Under the Act a “dispute” does not include any disagreement that primarily involves: (1) title to any unit or common element; (2) the interpretation of any warranty; (3) the levy of a fee or assessment or the collection of an assessment levied against a party; the eviction or other removal of a tenant from a unit; (4) alleged breaches of fiduciary duty by one or more directors; (5) or claims for damages to a unit based upon the alleged failure of the association to maintain the common elements or condominium property.

So if, an association or owner has a disagreement that falls within one of the items not defined as a “dispute” under the Act, either party can immediately seek relief in state court without first submitting the matter to nonbinding arbitration. There-fore, these issues have the potential to be more quickly addressed because there is not the requirement of a two-step process (i.e., nonbinding arbitration prior to state court).

In summary, a “dispute” is not a “dispute” when the Condo-minium Act does not define the disagreement as qualifying under the Act’s definition of “dispute”. And if the disagreement is not a “dispute” as defined by the Act then the parties can seek relief in state court without submitting the matter to the Division for non-binding arbitration. Therefore, if you can seek relief in state court, then your disagreement is not a “dispute” as defined by the Act. Therefore, under the Act a “dispute” is not always a “dispute”.

by David C. Meyer, Esq. The Law Offices of Kevin T. Wells, P.A.

When is a “dispute” not a “dispute”?

However, not all “disputes” are “disputes” and not all “disputes” make it to court.

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45The West Florida Wire | March 2009www.caiwestflorida.org

How do Condominium and Homeowner Associations choose a manager?

Many Associations mistakenly feel that price should be the main consideration. Certainly, professionalism and experience are more important factors in the proper management of an Association. While Florida State Law requires the licensing of Community As-sociation Managers, there are over 25,000 licensed managers in the state. How do you differentiate between licensed managers? The Community Association Institute (“CAI”) can assist Associa-tions directly and indirectly in making this important decision.

First, the national organization of CAI has a number of pro-fessional designations that recognize experience, competency, and ethical standards for managers. CAI also has a very prestigious des-ignation for management companies that achieve the highest standards of experience, financial capacity, and professionalism of its management staff. CAI also sponsors the estab-lishment of a separate but affiliated organization of the National Board of Certification for Community Association Managers that also operates nationwide to provide the initial minimum standard for Professional Community Association Managers.

The CMCA designation (Certified Manager of Community As-sociations) is a national designation for professional managers and, in many states, replaces the state licensing process. The CMCA designa-tion requires a minimum of one year verified experience in all aspects of management, passing of a comprehensive management examination, and reference verification and pledge of ethical standards. Once the designation is earned, there are annual re-certification requirements that mandate continuing education and professional experience.

The AMS designation (Association Management Specialists) requires two years of comprehensive experience, 16 hours of inten-

How to Select A Professional Manager

sive instruction of law, communication, operations and asset protec-tion as well as continuing education and having previously achieved a CMCA designation.

The PCAM designation (Professional Community Association Manager) is the highest level of professionalism for community managers. PCAM designations are awarded only after a minimum of five years of comprehensive experience in financial, administra-tive and facilities management, more than 70 hours of intensive instruction in law, communication, operations and asset protec-tion, completion of a challenging and comprehensive case study program as well as continuing education, and maintaining the CMCA designation and having achieved the AMS designation.

The CPM designation (Certified Property Manager) is awarded through the Institute of Real Estate Management and includes an examination and case study requirements in all aspects of real estate management including those of commercial and income producing properties.

The AAMC designation (Accredited Association Man-agement Company) is awarded only to the top management companies in the nation through the Community Association Institute. Requirements for the AAMC designation include having at least 75% of all managers holding advanced desig-nations (CMCA, AMS, CPM or PCAM), review of financial reporting system, review of insurance and bonding capacity, evaluation and reference review of management clients, review of integrity of the company and commitment to highest ethical standards. Currently, fewer than 125 organizations nationwide have earned the AAMC designation.

Second, while examination of professional designations is a direct way of aiding in the evalu-ation of managers, an indirect method is also available through your local CAI chapter. Asso-ciations are encouraged to par-

ticipate in the many local events of the CAI chapter including the monthly breakfast meetings and educational programs. It is through this participation and examination of the current membership rooster that one can learn more about the lead-ing management companies and/or individual managers. Is the manager a member of the CAI organization? Does the manager participate actively in the local organization? Is the manager recognized as a leader within the organization and participate in committee and other work for CAI? Again, the participation of a manager in the professional organization is reflective of his or her commitment to professionalism and usually is reflective of their knowledge and ability. Many are licensed, better ones par-ticipate actively in their professional organization, and the best achieve professional designations. Y

by Douglas E. Wilson, CMCA PCAM ®, CPM®

The participation of a manager in the professional organization is reflective of his or her commitment to professionalism

and usually is reflective of their knowledge and ability.

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47The West Florida Wire | March 2009www.caiwestflorida.org

Contrary to what many residents of community associations believe,

Florida’s “sunshine law” does NOT apply to the records of the condominium, cooperative or homeowners’ associations nor to the meetings of those associations. There’s a very simple reason for this: our state’s “sunshine law” is actually a “government in the sunshine law” that applies to governmental agencies and not private community asso-ciations. However, community associations are required by specific Florida statutes to operate “in the sunshine” in regards to meetings of the association’s board of directors. This col-umn will discuss exactly what constitutes a community asso-ciation board meeting under Florida Statute Chapters 718 (for condominium associations), Chapters 719 (for cooperative associations) and Chapter 720 (for homeowners associations).

Meetings of the board of directors of a community association where a quorum of the members of that board is present must be open to all members of that association. While a “board meeting” of a homeowners association is defined in Chapter 720 as occur-ring “whenever a quorum of the board gathers to conduct associa-tion business” there is no similar provision in either Chapter 718 or 719. However, as board members, community association man-agers, and attorneys that represent community associations know all too well, there will always be residents in the community who believe that any time a quorum of board members is in a room together (or in an internet chat room or on a telephone confer-ence call), those members must certainly be discussing association business (rather than their golf games??) and thus conducting the infamous “illegal board meeting” because the membership was not notified and could thus not attend that meeting. The safest course

Does the Sunshine Law Affect Your Association?

of action is to assume that, unless there is no way that a reason-able person could assume that the circumstances could give rise to the “illegal board meeting,” the notice procedures required by the applicable Florida statutes should be followed whenever a quorum of board members are going to find themselves in a room togeth-er. The difference between all of the members of an association’s board of directors attending a social event at the community’s clubhouse (thus finding themselves in the same room at the same time) and those same board members just happening to wander into the community’s office at about the same time and finding themselves in a side conference room in the office (all of this, of course, being perfectly innocent and totally coincidental) should be clear to even the most unreasonable member in a community but when dealing with areas that are not as clear the best course is to err on the side of compliance with the notice requirements.

Association members will not take kindly to attempts to cam-ouflage board meetings as “executive committee meetings,” “work-shop meetings,” “agenda meetings” and other equally inventive designations. If there is a quorum of the board present and that quorum is discussing association business, the association can call it a “tomato” but it will still clearly be a board meeting and notice must be given UNLESS that meeting falls within a very limited category: basically, a meeting between the board and the association’s attorney with respect to a proposed or pending law-suit where the purpose of the meeting is to seek or render legal advice (for condominium and cooperative associations) or where the contents of the discussion with the association’s attorney with respect to a proposed or pending lawsuit would be governed by the attorney-client privilege (for homeowners associations). Since Chapter 720 states that homeowners’ association members do not have the right to attend meetings between the homeowners’ as-sociation board and the association’s attorney to discuss personnel matters it is reasonable to assume that these particular types of meetings are not subject to the notice requirements. The exemp-tion in Chapter 720 is not found in either Chapter 718 or 719 and thus condominium and cooperative associations must rely on specific provisions in their bylaws that allow committee meetings to be closed to avoid these notice requirements.

And exactly what are these notice requirements? I’ll try to summarize them in my next column. Y

Scott Gordon is a partner in the Sarasota office of Lutz, Bobo, Telfair, Eastman, Gabel & Lee and is a board certified real estate attorney

by Scott Gordon , Esq.

Association members will not take kindly to attempts to camouflage board meetings as

“executive committee meetings,” “workshop meetings,” “agenda meetings” and other

equally inventive designations.

Page 27: Florida The West Wire The West Florida Wire | March 2009 9 Donnie P. Melendy Donnie Melendy is a native Floridian who has lived most of her life in Sarasota. She has been employed
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49The West Florida Wire | March 2009www.caiwestflorida.org

OwnersForums

In November, CAI organized two owners’ forums in Bradenton and Venice. The forums were broken down into two ses-

sions. The first session was dedicated to the 2008 legislative session and the newly adopted laws that impact community associations, presented by Kevin L. Edwards (from Becker & Poliakoff, P.A.) and Doug Wilson (from Advanced Manage-ment). The latter session was dedicated to understanding and reading governing documents, presented by David G. Muller (from Becker & Poliakoff, P.A.). Both sessions were well attended and well received.

In January, CAI organized two educational workshops in Sarasota and Venice on the topic of “Collection and Foreclo-sures for Community Associations.” The speakers were attor-neys David G. Muller and Scott K. Petersen, from Becker & Poliakoff, P.A. The workshops focused on the foreclosure crisis affecting Florida and the country and how community associa-tions should respond and adapt to the crisis. An overview of the collection process was provided. The workshops were well attended and well received.

by David Muller, Esq.

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50 The West Florida Wire | March 2009 www.caiwestflorida.org

Bradenton Breakfast Meeting

The Sarasota Breakfast meeting has grown over the years to over three hundred attendees each month at the Dutch

Heritage Restaurant. For those members who have not attend-ed our “main monthly event” we invite you to come and see it for yourselves.

Each month, on the first Wednesday our members assemble for a Breakfast with a featured speaker, two chapter sponsors, door prizes, fifty-fifty drawings and an update of all events scheduled for the next month. Since our membership is di-verse, the attendance at the breakfast includes community as-sociation managers, unit owners and board members from com-munity associations, and service partners and professionals who work with associations.

We offer a free continuing education class for managers who are chapter members. The class begins at 9:30 a.m. to allow for some networking after the breakfast is adjourned at 9 a.m.

Since we do have a big turnout for the meetings, it is essen-tial to pre-register no later than noon on the Monday before the breakfast. This ensures you a “seat at the table.” If you’re not already a regular at the breakfast, we hope to see you there next month.

Sarasota Breakfast Meeting

Approximately 85 people met at the Renaissance on 9th St. in Bradenton for a CAI Breakfast Meeting and Owners’

Forum on October 29, 2008. Attorney Scott Gordon presented a program on Coops. Following his presentation, Jeff Whaley from Aquatic Systems, Inc. conducted an Owners’ Forum on lakes and ponds. Both programs were well received. A mini-table top tradeshow was held in conjunction with this event. This gave the attendees an opportunity to chat with Business Partners about banking, landscaping and other areas of concern for associations. Bradenton Breakfast Meetings are planned quarterly for 2009. Look for announcements on the website.

Venice Breakfast MeetingThe Venice Breakfast was attended by over seventy people.

The speaker, Janet Romano of Florida Shores Bank, pro-vided an overview of the responsibilities of people who are elected to the Board of Directors of their community associa-tion. Highlights were a review of what you can expect as a board member, preparation needed for becoming a board mem-ber, and working with your team of professionals to meet the challenges of leadership in these difficult economic times.

A continuing education class for managers was held at the AMI Office at the Plantation immediately following the break-fast and twelve people attended.

The next Venice Breakfast will be April 16 at the Planta-tion Country Club. Edward McCrane, Jr., FPEM, of Sarasota County Emergency Management Services will be the breakfast speaker. A CEU class on Insurance will be offered immediately after the Breakfast.