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Jacksonville, FL

Permit No. 796

Because You Asked...

Featuring Betsy Barbieux

CAM, CFCAM, CMCA, PROFESSIONAL DEVELOPMENT COACH,

FLORIDA CAM SCHOOLS, LLC

Betsy,

I am new on our board and I find we have a

bully board member. He told me I could

not look at payroll and personnel files. I was

only trying to understand why employee

salaries are 40% of the budget. Why can’t I

see them? What are the “rules”?

— Patty

Patty:

Your scenario is not unusual; yours is the second

email today with a similar issue. The condominium,

cooperative, and HOA statutes all permit

owners’ access to records with seven prohibitions.

Employee/personnel records are not open

to inspection by an owner except for the Management

Contract or Employment Agreement.

However, since the board of directors votes

on the budget, it would seem logical for a board

member to have access to employee records

with regard to salary, etc.

If you are a Chapter 718 or Chapter 719

corporation, you have the Department of

Business and Professional Regulation to help

you compel the board to do right. There is a

complaint form at the DBPR website, but unless

you fill it out correctly, it likely won’t get

serious attention.

Otherwise, until more owners become

concerned enough to run for the board and oust

the bully, this situation will continue.

—— Betsy

• • • •

Betsy,

Why won’t my HOA CAM let me see a draft

of the board meeting minutes? I thought

drafts were open to inspection by owners.

— Troy

Troy:

My understanding is drafts of budgets and

drafts of minutes are official records because

they are “written.” Section 720.303 (l) All other

written records of the association not specifically

included in the foregoing which are related to the

operation of the association.

In reading some of the blogs, it seems the

Division and some attorneys’ opinions are the

same—drafts of minutes are open to owners.

This is from a Becker Lawyers blog and relates

to condominiums. In part, it says:

Q: As a condominium owner, do I have the

right to obtain a copy of draft minutes of

the preceding board meeting before the next

board meeting where those draft minutes are

to be approved?

A: Yes, if the draft meeting minutes are in the

possession of the condominium association at

the time the written request is made. . .

The Florida Condominium Act defines

“official records” broadly. Specifically, Section

718.111(12)(a)6 of the Act provides that the

minutes of all meetings of the condominium

association, its board of directors, and the unit

owners, constitute official records. Further,

Section 718.111(12)(a)15 of the Act contains

a “catch all” provision which appears to encompass

all “written” records that relate to the

operation of the association. In my opinion,

unapproved minutes qualify as such.

Unapproved minutes have been the

subject of an arbitration decision rendered

by the Division of Florida Condominiums,

Timeshares, and Mobile Homes. In one case,

the Arbitrator found that it may be inferred

that draft minutes, though unapproved, are

also required to be maintained as official records,

and made available to the unit owners.

In another case, the Arbitrator also held that

a management company employee’s draft

meeting minutes became official records of the

condominium association at the moment they

are put in the possession of the condominium

association. While decisions of the Division

are not binding legal precedent, they are sometimes

considered to be persuasive if presented

in the course of legal proceedings. https://

beckerlawyers.com/hoa-rule-amendmentsmust-be-recorded-news-press/

And then I received this response from

Mary-Frances Katona, DBPR, Division of Condominiums,

Timeshares, and Mobile Homes,

Bureau of Compliance, Investigator Supervisor.

Hi Betsy!

To be honest, I don’t know about 720,

but I do know that in 718 and 719 draft

minutes are considered official records and

are open to inspection before they are officially

approved. Hope this is helpful.

— Mary-Frances Katona

And remember the DBPR does not oversee

Chapter 720 associations except in cases of election

disputes or recalls, but I value her opinion.

My last thought is, why would anyone not

make them available? It makes no sense. It really

is tacky not to provide drafts of minutes since

the meeting could have been recorded by any

owner in attendance.

——Betsy

• • • •

Betsy,

I have a question regarding what amount

a CAM can charge per hour for recording

the Release of a Lien? I would appreciate

your help.

— Mira

Mira:

If you have a management contract that has a

fee schedule with add-ons, the fee would be

noted there. If it is not, it is probably not right to

charge a fee that is not disclosed.

If you are an employee of the association,

you can’t charge a fee for doing your job. Otherwise,

I am unaware of any statutory fee.

——Betsy

• • • •

HAVE A QUESTION FOR BETSY? SUBMIT YOUR QUESTIONS VIA EMAIL: BETSY@FLORIDACAMSCHOOLS.COM

Betsy Barbieux, CAM, CFCAM, CMCA, is an information leader in Florida community association living. She is an expert in the rights and obligations

of owners as well as the board of directors and association management. If you live in Florida, there is a good chance you are a part of a community

association. Since 1999, Betsy has educated thousands of managers, directors, and service providers. So whether you are an owner, board member, or

CAM, she provides training and coaching for all. Betsy is a member of CAI National, FCAP, former member of the Regulatory Council for Community

Association Managers, featured columnist in industry publications, and host of CAM Matters on YouTube:

www.youtube.com/c/cammatters. Florida CAM Schools, LLC, www.floridacamschools.com, 352-326-8365.

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6 SEPTEMBER 2020 - For All Your Property Management Needs - www.PropertyManagementMagazine.com 23,000 Magazines Mailed Monthly to Property Managers, HOAs, Condo Associations & Co-Ops - TO ADVERTISE CALL (877) 717-6780 7

ATTENTION ALL

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CONDO ASSOCIATIONS!

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This magazine features professionals

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descriptions of skills and expertise as well

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INDUSTRIES FEATURED IN THIS ISSUE

Access Systems .............................................................................................. 9

Accounting Services .................................................................................... 9

Air Conditioning ............................................................................................. 10

Asphalt and Pavers ....................................................................................... 10

Attorneys ........................................................................................................... 11

Building Signage ............................................................................................ 12

Bulk Trash Pick-Up Services ..................................................................... 12

Electrical Contractor .................................................................................... 13

Exterior Painting ............................................................................................. 14

Fans ...................................................................................................................... 14

Fencing ............................................................................................................... 15

Fire and Burglar Alarms ............................................................................. 16

Flooring ............................................................................................................... 17

Garage Doors .................................................................................................. 18

Garage Services ............................................................................................. 18

General Contractor ....................................................................................... 19

Holiday Lighting ............................................................................................. 20

Impact Windows and Doors .................................................................... 21

Irrigation ............................................................................................................. 22

Landscape Lighting ...................................................................................... 22

Landscaping ..................................................................................................... 23

Marble Restoration ........................................................................................ 24

Office Spaces and Cabinetry ................................................................... 25

Outdoor Living ................................................................................................ 26

Painting ............................................................................................................... 27

Patio Furniture and Repairs ...................................................................... 28

Paving .................................................................................................................. 30

Plumbing ............................................................................................................ 32

Pressure Cleaning .......................................................................................... 33

Public Adjuster ................................................................................................ 33

Restoration Services .................................................................................... 34

Roofing................................................................................................................ 35

Safety Training ................................................................................................ 36

Saunas and Steam Rooms ........................................................................ 37

Sidewalk Repairs ............................................................................................ 37

Tree Trimmimg ................................................................................................ 38

Underground Plumbing .............................................................................. 39

Wallcoverings .................................................................................................. 40

Water Heaters .................................................................................................. 41

Window Repairs ............................................................................................. 41

Index ..................................................................................................................... 42

ACCESS SYSTEMS ACCOUNTING SERVICES

8 SEPTEMBER 2020 - For All Your Property Management Needs - www.PropertyManagementMagazine.com

23,000 Magazines Mailed Monthly to Property Managers, HOAs, Condo Associations & Co-Ops - TO ADVERTISE CALL (877) 717-6780

9

AIR CONDITIONING

ATTORNEYS

ASPHALT AND PAVERS


23,000 Magazines Mailed Monthly to Property Managers, HOAs, Condo Associations & Co-Ops - TO ADVERTISE CALL (877) 717-6780 11

BUILDING SIGNAGE

ELECTRICAL CONTRACTOR

BULK TRASH PICK-UP SERVICES



EXTERIOR PAINTING

FENCING

FANS



FIRE AND BURGLAR ALARMS

FLOORING



GARAGE DOORS

GENERAL CONTRACTOR

GARAGE SERVICES



HOLIDAY LIGHTING

IMPACT WINDOWS AND DOORS



IRRIGATION

LANDSCAPING

LANDSCAPE LIGHTING



MARBLE RESTORATION

OFFICE SPACES AND CABINETRY

Who Do You

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Email us at

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(877) 717-6780 • www.PropertyManagementMagazine.com



OUTDOOR LIVING

PAINTING

How Can We

Help You?

Share Your Ideas

Email suggestions to

info@propmanmag.com




PATIO FURNITURE AND REPAIRS

PATIO FURNITURE AND REPAIRS



PAVING

PAVING



PLUMBING

PRESSURE CLEANING PUBLIC ADJUSTER



RESTORATION SERVICES

ROOFING



ROOFING

SAUNAS AND STEAM ROOMS

SAFETY TRAINING

SIDEWALK REPAIRS



TREE TRIMMING

UNDERGROUND PLUMBING

Your Trusted Resource for

Commercial Professionals




WALLCOVERINGS

WATER HEATERS WINDOW REPAIRS



INDEX

Access Control Systems

Fire Alarm Systems Security Inc, Page 4, 16

Smart Entry Systems, Page 9

Accounting Services

Michael B. Moskowitz, CPA, Page 9

ADA Ramps

Amaran Group LLC, Page 30

Air Conditioner Maintenance

Supreme Air Mechanical, Page 10

Air Conditioner Repairs, Sales

& Installation


Air Duct Repairs & Replacement


Alarms


Architect Support

PCI (Perillo Construction Inc.), Page 19

Artificial Turf

FM Pools & Outdoor Living, Page 26

Southern Ornamentals and Fence, Page 15

Asphalt Overlays & Repairs


COD Asphalt & Sealcoating Specialists, Page 10

Asphalt Striping & Seal Coatings



Attorneys

The Morgan Law Group, Page 11

Balconies

All Fencing and Repair, Page 15


Biohazard Cleaning

All Dry USA, Page 5, 34

Bookkeeping Services


Breaker Panel Replacements

Hypower Inc, Page 13

Build-Out Services


Building Signage

Printing R Us, Page 12

Built-Ins

The Closets Company, Page 25

Bulk Debris Collection

Trashouts LLC, Page 12

Cabinetry


Car Stop Installation & Removal


Cast Iron Pipe Claims

Florida Loss Public Adjusters, Inc, Page 33

CCTV


Closets


Community/Complex Name Signs


Concrete Curbing



Concrete Garbage &

Dumpster Enclosures


Concrete Resurfacing,

Restoration & Repairs


Oceans Elite Construction, Page 31

Concrete Walls & Columns


Condo Signs


Conference Room Remodeling


Construction Services


Decorative Concrete


Demolition Services


Disinfection & Sanitation Services


Omega Maintenance, Page 33

Doors

Wright’s Impact Window & Door, Page 21

Drain Pumping

Plumbing Experts, Page 32

Electrical Contractor


Emergency Lighting


Fans

Dan’s Fan City, Page 14

Faucets


Faux Finish & Murals

Advanced Painting Systems Inc, Page 27

The Wallpaper Guys, Page 40

Fencing


Ruiz Construction, Page 19


Fertilization

Water Wizard, Page 22

Fiber Optics


Fire & Burglar Alarms


Fire & Smoke Restoration


Fire Hydrant Inspections


Fire Inspections


Fire Pits & Bowls


Fire Protection Services


Fire Pumps


Floor Coatings

Garage Makeovers Inc, Page 18

Premier Coatings, Page 7, 17

Flooring



Fountain Maintenance


Garage Cabinets


Garage Door Openers

Precision Overhead Garage Door Service, Page 18

Garage Door Repairs


Garage Door Replacement


Garage Floor Coatings



Gate Opening Systems

Smart Entry Systems, Page 9

Gates



General Contractor




Generators


Glass Repairs & Replacement

Sachek Services LLC, Page 41

Grapple Truck Services

Wolfer Landscape Services, Inc, Page 23

Grease Traps


Hardscapes


Holiday Lighting


Luminous Decor, Page 20

Hot Tubs

The Sauna & Steam Center, Page 37

Hurricane Damage Assessment

& Repairs


Hydro-Excavation

Bob Smith Plumbing, Page 39

Impact Windows & Doors


Insurance Claim Litigation



Irrigation Installation & Repairs

America Stars LLC, Page 38



Irrigation Testing


Italian Plaster


Kitchenettes


Landscape Lighting


Illumination FL, Page 22

Landscaping Design & Installation



Landscaping Services



Lawn Service & Maintenance



LED Lighting


Legal Services


Lighting



Louvered Roof Systems


Marble Polishing & Restoration

Intercontinental Marble Polishing & Restoration, Page 24

Mold Remediation


Nursery Plant Sales


Office Spaces


OSHA Inspection & Citation Assistance

Think Safety Always, Page 36

OSHA Safety Training Courses


Outdoor Furniture

Dr. Strap, Page 29

Sun & Beach Patio Furniture, Front Cover, Page 28

Outdoor Furniture Upholstery

Dr. Strap, Page 29


Outdoor Kitchens


Painting



Rhino Shield, Page 14



Parking Lot Lighting


Parking Lot Repairs



Parking Lot Striping



Patio Furniture

Dr. Strap, Page 29


Patio Furniture Repairs & Restoration

Dr. Strap, Page 29


Patio Remodeling



Paver Sealing



Paving





Pergolas



Pipe Replacement



Plumbing



Pool Design & Remodeling


Popcorn Removal


Pressure Cleaning





Printing Services


Property Maintenance


Public Adjuster


Pump Station Services


Railings



Recycling Services


Remodeling


Restoration Services



Roofing Recovery, Page 36

Roof Cleaning


Roof Coatings

Rhino Shield, Page 14

Roof Maintenance

RCI Roofing, Page 35


Roof Painting


Roof Repairs




Roof Tarps



Roofing



WeatherTight Systems, Back Cover, Page 3, 35

Rust Removal


Saunas


Safety Programs


Safety Training Courses


Screen Repairs & Replacement


Security Cameras


Security Lighting


Sewer Line Replacement



Sidewalk Installation & Repairs



Florida Sidewalk Solutions, Page 37



Site Inspections & Audits


Sliding Glass Door Repairs

& Replacement


Spas


Speed Bump Installations


Spray Decking


Stair Railings


Stamped Concrete


Steam Rooms


Storage Solutions


Structural Repairs



Stucco Repairs



Stump Grinding


Surge Protection


Tax Services


Tenant Project Management


Toilets


Trash Pickup Services


Tree Trimming



Tunneling for Plumbing Repairs



Turf


Underground Plumbing



Walkway Repairs



Wallcoverings


Wallpaper Installation


Waste Pickup


Water Damage Repairs & Restoration


Water Heaters


Water Heaters Only, Page 41

Water Leak Detection





Waterproofing



Window Repairs


Window Replacement


42 SEPTEMBER 2020 - For All Your Property Management Needs - www.PropertyManagementMagazine.com 23,000 Magazines Mailed Monthly to Property Managers, HOAs, Condo Associations & Co-Ops - TO ADVERTISE CALL (877) 717-6780 43

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