PMM_Mar22_LowRes

Because You Asked...
Featuring Betsy Barbieux
CAM, CFCAM, CMCA, PROFESSIONAL DEVELOPMENT COACH,
FLORIDA CAM SCHOOLS, LLC
Betsy,
I sent certified letters and pictures to each
board member with an inquiry about their
idea to build a carport in front of my view.
What if the board does not send the required
“substantive response” to my question and
just ignores it? I couldn’t find that answer in
the statutes or my condo documents.
— Cynthia
Cynthia:
My interpretation of “substantive response” is one
that satisfies the inquirer! It appears the recourse
for not receiving a response is arbitration. With regard
to the “view,” unless you purchased the view,
you do not have a right to a view. If you purchased
a view, you know so because of the marketing materials
or the price you paid for the location of the
unit (facing the water or golf course rather than
the road or dump). “Purchasing” a view is entirely
different than “having” a view.
— Betsy
• • • •
Hi Betsy,
I am a realtor who is ready to go in a different
direction and recently received my CAM
license. I’m excited and eager to learn how
to start my own business offering CAM
services. I have been having difficulties
researching how to make my dream of CAM
management come true. There doesn’t
seem to be much information out there to
help me until I came across your website.
Any advice would be helpful and truly appreciated
thank you for your time.
— Amanda
Amanda:
Congratulations on getting your CAM license.
The industry is full of job opportunities.
There are many opportunities within the
CAM industry other than being “the” manager.
Entry and mid-level positions exist in every
management company as well as many of the
larger communities.
As in any industry, you have to get involved.
You will want to join your local CAI chapter and
the state organization, FCAP. Right now, there
are many trade shows that will give you an idea
of all those opportunities as well as a chance to
meet key people from management companies
and communities seeking managers. Take advantage
of all the free articles on my website.
You’ll want to subscribe to The Journal at www.
fcapgroup.com and Property Management
Magazine at www.propertymanagementmagazine.com
and join your local CAI chapter at
www.caionline.org. Also be sure to subscribe to
our YouTube channel CAM Matters www.You-
Tube.com/c/cammatters.
— Betsy
• • • •
Betsy,
I don’t find an answer for this situation in our
documents and would like your opinion.
A renter is violating certain rules. It is my
understanding the owner (not renter) is
always given notice of the violation since
the owner is a member of the association
not the renter. The owner is insisting the
association communicate directly with the
renter for rules enforcement. Is the association
responsible for sending duplicating
information to both owner and renter? Or is
the owner fully responsible for their tenant?
— Kelly
Kelly:
I would agree with you that communications
about violations (and fines) are sent to the
owner. The association Declaration (contract)
is with the owner, not the renter. I would agree
it’s the owners’ responsibility to make sure the
renters know the rules, etc. In the condominium
statute, the legislators now give a tenant
the ability to access certain records of the association
– the declaration, bylaws, and rules.
Though I believe this is fundamentally wrong
on so many levels, it is the law right now.
To settle the question, your board of directors
should create a written violation policy
which would include methods of notification
and to whom.
— Betsy
• • • •
Betsy,
Our management contract allows us to
“contract for utilities” but the contract must
have a 30-day out clause which our new
waste management company does not
include but appears to be 90 days. I believe
our license allows us to sign up to 1-year
contracts; at least that is what I remember
from class, but I can’t find that in the law.
So, does this waste management contract
need board approval or does our license
allow the management company to sign?
— Chris
Chris:
When you say ‘our license’ do you mean the
CAM license? The CAM license does not say
anything about managers or management companies
signing contracts or make any type stipulations/restrictions.
I am not aware of either the
CAM or CAB license giving permission to sign
contracts of any kind/length/terms.
My opinion would be that managers and
management companies should never sign a
contract or other legally binding document on
behalf of a community. The only thing I sign
is the estoppel. Even though the management
contract may allow you to contract for utilities,
I would always have the board vote on any contracts
and have the president sign.
— 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.