By Betsy Barbieux, CAM, CFCAM, CMCA / Published September 2024
Living in a Florida community association offers a sense of order: there are shared amenities and shared expenses for the upkeep and maintenance of the community. But our community associations are also multi-million-dollar corporations. The members of the corporation are all the owners—and membership is mandatory. There is no opt out. The leaders of the corporation are the board of directors elected by the members. The board members choose their officers: president, vice president, secretary, and treasurer. Often the duties of the officers are delegated to a CAM or management company under contract with the corporation.
Serving on the board of directors can be a thankless job full of challenges, not only from the weather, the owners, and aging buildings and grounds but also from the laws and regulations.
Besides the challenge of upholding the association’s governing documents, which include the declaration or proprietary lease, articles of incorporation, bylaws, and rules and regulations, there are now more laws than ever that board members must be aware of and precisely follow.
Understanding and navigating the legal abyss requires legal advice. That advice should come from an attorney who specializes in community association law—not a real estate attorney and not an estate planning attorney, but one who is involved in our professional organizations, provides blogs and educational classes, and is familiar with mediation and arbitration proceedings.
Florida’s community associations manage significant financial resources used for maintaining common areas, amenities, and infrastructure. Board members must create and adhere to a balanced budget, allocating funds for necessary repairs, capital improvements, and potential emergencies. Rising insurance costs, unforeseen repairs, and resident pushback on assessment increases can make financial management a delicate dance.
Board members often find themselves caught between a rock and a hard place when it comes to resident relations. Enforcing association rules, such as pet restrictions or yard maintenance standards, can lead to disgruntled residents. Conversely, failing to enforce rules can breed resentment and create a sense of unfairness within the community. Striking a balance between upholding regulations and fostering a sense of community is an ongoing struggle for many boards.
Serving on a board is a time-consuming and often thankless job. This can make it difficult to recruit qualified volunteers, especially in smaller communities. Additionally, board fatigue and frustration can lead to high volunteer turnover. Associations need to find ways to encourage board service and provide ongoing training and support to retain members. Some think every owner should take a turn. If they did, it might cut down on the grumbling.
Effective communication is paramount for a well-functioning community. Boards should keep residents informed about important decisions, upcoming projects, and financial matters. Those owners who attend board meetings will likely be more informed. Those who don’t will complain they don’t ever know what is going on. Minutes of board meetings are always available to owners if they want to know what actions the board took. Certain communities are required by law to post specific notices, documents, and financial records on their websites. Though not required to do so by law, some boards and managers provide other forms of communication such as email blasts, newsletters, and social media.
Florida is no stranger to natural disasters such as hurricanes and floods. Board members must be prepared to respond quickly in the aftermath of these events, ensuring the safety and security of residents while navigating insurance claims, repairs, and potential rebuilding efforts. Furthermore, man-made crises like pandemics can also present unforeseen challenges, requiring boards to adapt policies and procedures to safeguard the community’s well-being.
The rise of social media has added a new layer of complexity to the lives of board members and managers. Disgruntled residents can take to online forums to vent their frustrations, potentially creating misinformation and negativity around board decisions. Boards need to develop strategies for addressing online criticism while maintaining transparency and open communication.
Many communities choose to hire professional community association managers (CAMs) to handle the day-to-day operations. Whether the board decides to hire a CAM as an employee or contract with a management company, a licensed CAM can provide invaluable expertise on operations and maintenance, financial management, and resident relations. Finding the right CAM and defining the scope of their responsibilities requires careful consideration by the board.
Being a board member in a community association can be a challenging but rewarding experience. By understanding the common pitfalls and seeking professional guidance, board members can effectively navigate the complex world of community governance. Ultimately, their efforts play a crucial role in protecting the property and its value, maintaining the common elements and areas, and enforcing the restrictions on the owners’ use rights of their property and the common areas.
Because serving as a board member has become so complex, education and certification are now required by state law. Board members should check with their managers or attorneys to be sure they are fully informed and compliant with the new educational laws.
Betsy Barbieux, CAM, CFCAM, CMCA
Florida CAM Schools
Betsy Barbieux, CAM, CFCAM, CMCA, guides managers, board members, and service providers in handling daily operations of their communities while dealing with different communication styles, difficult personalities, and conflict. Effective communication and efficient management are her goals. Since 1999 Betsy has educated thousands of managers, directors, and service providers. She is your trainer for life! Betsy is the author of Boardmanship, a columnist in the Florida Community Association Journal, and a former member of the Regulatory Council for Community Association Managers. Subscribe to CAM MattersTM at www.youtube.com/c/cammatters. For more information, contact Betsy@FloridaCAMSchools.com, call 352-326-8365, or visit www.FloridaCAMSchools.com.