Watch Your Community Association Funds Closely

April 22, 2010

With deteriorating bank balance sheets and the lowering of the bank ratings, we are reminded that Boards of Directors have a statutory and fiduciary duty to maintain and invest community association funds wisely and safely. With the current low yields and lower assessment revenues there may be a tendency for some associations to want to forget that the Florida statutes are quite clear about commingling, investing and reporting when it comes to your association funds.

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Does Your Community Association Have a “Drive By” Property Manager?

April 15, 2010

Do you have a “drive by” property manager working for your Community Association? You know, the one that has the Board of Directors, the unit owners, staff and the service personnel frustrated and left to wondering what is going on? This type of property manager does not have the time to properly devote to your community as they always seem to be in a rush and are usually disorganized too.

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Why Does Our Community Association Need a Notice of Commencement?

April 15, 2010

Throughout the years many community associations have found themselves in legal and financial disputes with contractors for work performed because they do not comply with the Florida Construction Lien Law. There are stories of community associations who have paid contractors all of the required funds, executed and received release of liens with each stage of payment, only to receive a notice of lien from a supplier of materials/labor as they had never been paid from the contractor for their work!

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15 Questions to Ask at Your Next “Meet the Candidates Night”

April 15, 2010

Once a year we get a chance to get to know more about our future community leaders. Condominium associations have “Candidate Information” sheets and distribute them to their residents before an election. Now we see many more associations holding “Meet the Candidates Night”.

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Does Your Board of Directors Adhere to the Business Judgment Rule?

April 8, 2010

Board of Directors in community associations are protected from liability in the course of operating and making decisions by what is known by the “Business Judgment Rule”. The Business Judgment Rule requires that the Board act within a reasonable manner and take the necessary steps to justify their decisions. If the Board did not use good business practices in their decision and something were to happen or be challenged, it could then be argued that they did not use good judgment.

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