FCAP Community

Published September 2024

     Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 38 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/.

Embracing Trends and Overcoming Challenges in Community Associations 

By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM
Director of Community Association Relations, Hotwire Communications
FCAP Education Program Coordinator

     In the realm of community associations, staying ahead of evolving trends and overcoming challenges is paramount for success. 

     Adapting to shifting resident needs, technological advancements, and economic pressures requires proactive strategies and innovative solutions. Community associations must navigate through this dynamic to ensure their continued vision and effectiveness in fulfilling their mission.

     The industry has seen significant transformations recently, from adapting team operations to keeping up with demands and expectations, accommodating the increased number of residents working from home, and implementing strategies for attracting and retaining top talent in a competitive job market.

     The increase in full-time residents has boosted housing demand, with fewer seasonal residents indicating a rise in housing needs and demands and for more activities and services. 

     Baby boomers are moving to Florida and are looking for an opportunity to live full-time in the state. 

     As condominium and homeowners’ association residents are increasingly becoming more active, it’s crucial for associations to attract new owners to remain competitive. Many are seeking activities such as pickleball and social activities. So, how do you attract residents to your community?

     Start by establishing a strong online presence to create a positive first impression. In the digital age, a well-designed website is essential. Invest in key digital marketing tools to enhance online visibility, and consider an app for maintenance communications. Right now websites are required for condominium associations with 150 units or more; but as of January 1, 2026, websites will be required for associations of 25 units or more. 

     Additionally, offer services that meet the evolving needs of owners, such as online architectural reviews, mobile violation tracking, electronic voting, online payment options, and self-service tools. These services can differentiate your association from others in the industry.

     Unforeseen expenses are straining budgets and reducing purchasing power. The ongoing challenges of high inflation and rising business costs, including insurance premiums and payroll, have significantly impacted community association budgets in 2024, leading to unexpected expenses. 

     Many associations feel overwhelmed by these costs. While trimming budgets may seem like a solution, it may not be feasible, especially for condominiums that can no longer waive reserve funding and must perform maintenance and repairs based on engineering reports. With aging infrastructure and coastal properties facing corrosion risks, community associations are focusing on maintenance, safety, and reserve funding. 

     There is a stronger commitment to maintaining buildings and complying with safety regulations. Promptly addressing code violations by working with inspectors to develop action plans is crucial for maintaining safety standards. 

     Neglecting regular maintenance can lead to severe consequences for associations. Legal risks, including lawsuits and code violations, arise when buildings aren’t maintained. Neglected repairs could lead to injuries, prompting legal action. Delaying maintenance increases future repair costs.

     Community associations often struggle to find qualified contractors willing to perform small maintenance tasks and repairs due to various factors such as limited availability, cost considerations, lack of interest, logistical challenges, and skill mismatch. Contractors may prioritize larger, more profitable projects; charge higher rates for small jobs; or simply not find small tasks appealing or financially viable. This difficulty in securing contractors for minor jobs can lead to delayed maintenance, potential safety hazards, decreased property values, and higher repair costs in the long run.

     To address this challenge, community associations can build relationships with reliable contractors, collaborate with neighboring associations to pool resources, offer flexible scheduling options, communicate clearly about project requirements and budget constraints, and explore alternative options like hiring qualified handymen or utilizing in-house maintenance staff. 

     Effective budgeting and strategic planning are essential for maintaining safety in community associations. For association management it’s crucial to manage daily operations, common areas, and unforeseen expenses diligently. 

     Prioritize routine maintenance and annual inspections as part of operational expenses, and set aside reserve funding for emergency repairs and major renovations to ensure the safety and welfare of the community.

     Navigating the evolving landscape of community association management trends and challenges requires a proactive approach. By staying abreast of industry trends, addressing unforeseen expenses, and prioritizing maintenance and safety, associations can not only meet current challenges but also thrive in a competitive market.

Betsy Barbieux

Because You Asked
By Betsy Barbieux, CAM, CFCAM, CMCA

Betsy,
     These new laws are already a nightmare…. just creating so much more work. Do you have clarification on requirements for the vendor contracts being posted on portals/websites? Is it required that the actual contract be posted or just who the contracts are with?
     I have a records request from a super troublemaker in one of my communities requesting my contract. Am I obligated to email it to her directly? Or if it is required to be on the website, can I direct her there?
– Cathy

Cathy,
     There is no clarification of anything. We are all without any useful information on how to comply with the new laws.
     There is a CAM Regulatory Council meeting which will address the news laws regarding CAMs.
     The Division of Condominiums still needs to meet and give us guidance on all the new condominium and HOA laws. Maybe I’ll find out at the CAM Regulatory Council meeting when the Division of Condominiums will meet.
     If you visit this link, https://www2.myfloridalicense.com/lsc/documents/AccessToRecordsRequest.pdf, you will find a DBPR sample records request form that you can modify and have the board vote on it. You may limit the number of items the owner requests to access and how many times a month the owner can make requests.
     I have also created a records retention sheet that boards should vote on and keep.
     Those I have talked with don’t know whether the required checklist (in subparagraph b below) is to identify all the other association records not provided or is to identify the records requested but not provided. There is no way a manager can make a detailed list of all the association records not provided. It would be pages long.
     The new language added to Section 718.112, Official Records, paragraph c(1), is as follows:

1. If the requested records are posted on an association’s website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access.
2. In response to a written request to inspect records, the association must simultaneously provide to the requestor a checklist of all records made available for inspection and copying. The checklist must also identify any of the association’s official records that were not made available to the requestor. An association must maintain a checklist provided under this sub-subparagraph for 7 years. An association delivering a checklist pursuant to this sub-subparagraph creates a rebuttable presumption that the association has complied with this paragraph.
3. and then it goes on and on and on.

– Betsy

Betsy, 
     I apologize because I always come to you with crazy questions. So, with the new HOA laws that went into effect in July regarding parking and business vehicles—how will that affect the co-ops and their rules and regulations for parking and prohibited parking? Our community streets are so narrow we just cannot have any commercial vehicles or trailers parked at homes. Does this mean that we will have to change all our rules and regulations? I have a board member who says we do.
 – Lyndsey

Lyndsey,
     The huge problem is terminology. Your board member is mistaken and does not understand the difference in terminology in the statutes.
     There is the Florida Homeowners’ Association Act, Chapter 720, that is for community associations that are residential, have mandatory membership, and utilize an assessment paid for operations and maintenance that if not paid may become a lien on the parcel.
     There is the Florida Mobile Home Tenancy Act, Chapter 723, that is for mobile homeowners who rent their lots from a landlord. Within that statute, there is the ability for two-thirds of those renters to create a (home)owners’ association that can negotiate with the landlord regarding rules and rent fees. This owners’ association does not manage any of the association’s property, provide for maintenance or operations, or handle any association funds.
     Cooperative associations organized under Chapter 719 often have residents who  are not shareholders, but they own their home and rent the lot from the cooperative association that is their landlord. Your community has both 719 shareholders and 723 renters/nonshareholders.
     Don’t be confused by the use of the word “homeowners’ association” that identifies the renters/nonshareholders under Chapter 723, Mobile Home Lot Tenancies, and the use of the title Florida Homeowners’ Association Act, Chapter 720.
     The only law changes for you are on pages 144–154 of HB 1021.
– Betsy