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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 have several questions:

1. Does the board have to have a meeting

to approve a budget?

2. Is the board required to have a budget

workshop to receive owners’ input?

3. Does the board have to meet to hire a

new manager or management company?

— Mack

Mack:

Yes, in order to approve a budget, the board is

required by statute to do so at a board meeting

with a 14-day notice and agenda delivered

to the owners along with a copy of the budget

draft. The board or management is required to

prepare an Affidavit of Mailing of the notice,

agenda, and draft which is to be kept with the

minutes of the meeting.

Unless specified in the association documents,

a budget workshop is not required.

Voting to approve any contracts must be

done at a board meeting and noted in the minutes.

The board meeting must have the proper

48-hour posted notice and agenda.

— Betsy

• • • •

Betsy,

The HOA statute says that when a board

fails to allow owners’ access to records

within 10 days the penalties are $50 a day

up to 10 days. Through what process are

the damages claimed and what authority

awards/enforces them?

— Jon

Jon:

In an HOA, the remedy for failure to allow access

to records is pre-suit mediation. I have copied

only part of the statute here –there is a lot more to

read and forms are provided in the statute.

720.311(2)(a)Disputes between an association

and a parcel owner regarding use of or

changes to the parcel or the common areas

and other covenant enforcement disputes,

disputes regarding amendments to the association

documents, disputes regarding

meetings of the board and committees appointed

by the board, membership meetings

not including election meetings, and access

to the official records of the association shall

be the subject of a demand for presuit mediation

served by an aggrieved party before

the dispute is filed in court.

— Betsy

• • • •

Betsy,

Can a board member sign a contract without

a board vote and then change the wording

in the contract without the approval of

the other board members?

— Aaron

Aaron:

Signing contracts without board approval is

improper unless there was some written policy

among board members to allow the president

to do so. Changing the parts of the contract

may be proper if the parties agree and initial

the changes. But this only really works if the

written policy above is in place. However, remember,

I am not an attorney nor am I giving

legal advice; only commenting on procedures.

Check with your attorney!

— Betsy

• • • •

Betsy,

When the HOA developer is in control and

you have a members’ meeting, is it still

required to send a proxy form? This year

members will not be voting on anything.

— Michelle

Michelle:

I would do everything the same way as if the

developer were not there—a 14-day mailed

notice, agenda, affidavit of mailing, election

procedures outlined in the HOA bylaws.

Even if there’s nothing for them to vote on,

a general proxy would be used for obtaining a

quorum unless the developer still has the majority

votes.

Then don’t forget the board organizational

meeting after the adjournment of the membership

annual meeting with the required posted

notice and agenda.

Each of these meetings will have their own

set of minutes, even if they are short.

— Betsy

• • • •

Betsy,

Several questions:

1. If a Board Member can show that a

President has conducted Board votes via

e-mail, what should that Director do?

2. What if the Board member can show

other illegal actions?

— Andrew

Andrew:

If a President is conducting business without a

properly noticed meeting, the other board members

can remove that person as President and give

him/her a plain board seat. That vote to remove

him/her as president would have to happen at

a properly noticed board meeting and the mechanics

at that meeting would have to be thought

out and happen quickly. It won’t be pleasant.

Depending on what you mean by “illegal”

you have the police/sheriff and state attorney

who can proceed against an illegal activity. If

you mean “stupid bad business judgment” decisions,

the power is in the people. Elect new/

different board members. Otherwise, you can

file a complaint with the DBPR, but you’ll need

documentary evidence of a statute violation.

— 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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INDUSTRIES

FEATURED

IN THIS ISSUE

Access Systems .............................................................................................. 7

Accountiung Services .................................................................................. 7

Awnings and Marine Canvas .................................................................... 8

Bulk Trash Pick-Up ........................................................................................ 9

Cleaning and Maintenance ........................................................................ 9

Commercial Glass Services ....................................................................... 12

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

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

Fencing ............................................................................................................... 14

Fire ........................................................................................................................ 15

Flooring ............................................................................................................... 16

General Contractors ..................................................................................... 17

Impact Windows and Doors .................................................................... 17

Painting ............................................................................................................... 21

Patio Furniture and Repairs ...................................................................... 24

Plumbing ............................................................................................................ 27

Restoration Services .................................................................................... 28

Roofing................................................................................................................ 29

Sidewalk Repairs ............................................................................................ 31

Structural Steel ............................................................................................... 32

Window Repairs ............................................................................................. 33

Index ..................................................................................................................... 34

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FANS

FIRE

FENCING



FLOORING

GENERAL CONTRACTORS IMPACT WINDOWS AND DOORS



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INDEX

Access Control Systems

Fire Alarm Systems Security Inc, Page 3, 15

Smart Entry Systems, Page 7

Accounting Services

Michael B. Moskowitz, CPA, Page 7

Alarms


Architect Support

PCI (Perillo Construction Inc.), Page 17

Asphalt Overlays & Repairs

Omega Maintenance, Page 23

Awnings

A to Z Awnings & Marine Canvas, Front Cover, Page 8

Balconies

All Fencing and Repair, Page 14

CBR Fabricators, Page 32

Biohazard & Trauma Cleanup

All Dry USA, Page 28

Boat Interiors


Bookkeeping Services


Breaker Panel Replacements

Hypower Inc, Page 13

Build-Out Services


Building Inspection Electrical Repairs


Building Inspections


Building Maintenance

T&M Services, Inc, Page 9

Bulk Trash Pick-Up

Junk Removal Crew, Page 9

Canopies


Carpet & Tile Cleaning


CCTV Camera & DVR Systems



Ceiling Fans

Dan’s Fan City, Page 14

Chemical Supplies

Kelly’s Chemical Supplies, Page 11

Cleaning Equipment Repairs


Cleaning Supplies


Code Violation Corrections



Commercial Cleaning

ACL Cleaning Systems, Back Cover, Page 10


Concrete Cleaning


Concrete Grinding & Leveling

Big T Trip Hazard Repair, Page 31

Concrete Repairs


Construction Services


Covid Cleaning & Disinfection


Covid Cleaning Supplies


Demolition Services


Door Replacement

Alco Windows and Doors, Page 20

GM Door, Window & Screen, Page 19

NextGuard Impact Windows & Doors, Page 17

Sanctuary Windows and Doors, Page 18

Drain Pumping

Plumbing Experts, Page 27

Dumpster Rentals


Electrical Contractor


Emergency Lighting


Energy Audits


EV Charging Stations & Repairs


Fans

Dan’s Fan City, Page 14

Faucets


Faux Finishes

Advanced Painting Systems Inc, Page 22

Fencing



Fertilization


Fiber Optics


Fire & Burglar Alarms


Fire Inspections


Fire Protection Services


Fire Pumps


Fire & Smoke Damage Repairs


Floor Coatings

Color Restoration Painting & Construction, LLC, Page 21

Premier Coatings, Page 16

Flooring


Garage Floor Coatings


Gate Opening Systems


Gates



General Contractor



Robin Enterprises Inc. Coastal Roofing, Page 29

Generators


Glass Replacement

Ameriglass Contractors, Page 12

Sachek Services LLC, Page 33

Glass Partitions


Graffiti Removal


Grease Traps


Guard Rails


Gutter Cleaning & Maintenance



Gutter Installation & Repairs



Holiday Lighting


Hurricane Preparedness


Hurricane Storm Panels & Shutters


Impact Windows & Doors






Intercom Entry Systems


Irrigation Installation & Repairs


Janitorial & Porter Services



Janitorial Supplies


Junk Removal



Knockdown


Landscape Lighting


Landscaping Design & Installation


Landscaping Services


Lawn Service & Maintenance


LED Lighting


Lighting


Maintenance Equipment


Marine Canvas & Upholstery


Mold Remediation


Murals


Outdoor Furniture

Dr. Strap, Page 24, 25

Sun & Beach Patio Furniture, Page 26

Outdoor Furniture Upholstery



Painting





Parking Lot Floor Coatings


Parking Lot Lighting


Patio Furniture



Patio Furniture Repairs & Restoration



Patio Remodeling


Pipe Replacement


Plumbing


Pool Cleaning & Maintenance


Pool Service & Supplies


Popcorn Removal


Pressure Cleaning



Property Maintenance


Railings



Remodeling


Restoration Services



Retractable Awnings


Roof Coatings

360 Roofing Services Inc, Page 30


WeatherTight Systems, Page 5, 30

Roof Maintenance



Roof Painting


Roof Pressure Cleaning


Roof Repairs & Replacement




WeatherTight Systems, Page 5, 30

Sanitization Services



Screen Enclosures



Screen Repairs & Replacement


Security Cameras & Lighting


Sewer Line Replacement


Sidewalk Repairs


Sidewalk Slab Replacement


Sliding Glass Door Handle, Lock &

Hardware Replacement


Sliding Glass Door Replacement



Sliding Glass Door Service, Repairs,

Maintenance & Replacement



Soft Wash Building Washing


Stair Railings


Storefronts



Storm Damage Repairs


Structural Repairs


Structural Steel


Stucco Repairs


Surge Protection


Tax Services


Tenant Project Management


Tenant Turnover Cleaning



Toilets


Trash Pickup Services



Tunneling for Plumbing Repairs


Underground Plumbing


Wall Textures



Water Damage Repairs


Water Heaters


Water Leak Detection




Waterproofing


Welding Services


Window Board-Up Services


Window Cleaning


Window Repairs



Window Replacement







22,000 Magazines Mailed Monthly to Property Managers, HOAs, Condo Associations & Co-Ops - TO ADVERTISE CALL (877) 717-6780

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