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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,

We have a board of 9 and for part of the year

5 of those board members go north for the

summer. One board member says that in

Chapter 720, it states those “absentee”

members have no say so whatsoever while

out of the park. Is there any validity to this

statement? I cannot find it in Chapter 720.

— Beth

Beth:

Chapter 718, Condominium, and Chapter 719,

Cooperative statutes are clear that absent board

members may attend, count toward the quorum

and fully participate and vote via speaker telephone

or real time electronic videoconferencing.

Chapter 720, Homeowners’ Association

statute is silent except for Section 720.316 under

special emergency powers. There is nothing in

Chapter 720 that prohibits board members from

attending via speaker telephone or real time electronic

videoconferencing so most of them do.

Since half of all Florida board members go

north for the summer and board members

still need to conduct business while away, it is

unreasonable to believe that only those onsite

can meet and make decisions. In several of my

communities, ALL board members go north

for the summer.

A very reputable HOA attorney in West

Palm Beach, Scott Wortman, tells me that

when Chapter 720 is silent, follow procedures

in Chapter 718. If your contrary board member

persists in his thought, you’ll want to get

your attorney’s opinion.

— Betsy

• • • •

Betsy,

Some of the board members want to

change things in the clubhouse kitchen,

add a new section of countertop, add a

stove (which will require some electrical

work), and enclose a doorway. To me this

is a material alteration and as such requires

the vote of the membership. Our Governing

Documents say, “material alteration of or

substantial additions to the common elements

may be effectuated only by vote of

a majority of the total voting interest of the

Association present at a meeting called for

that purpose, in person or by proxy.”

Questions:

1: Is this a material alteration?

2: Can this be a vote by show of hands?

3: Does this have to be a special meeting of

the membership with this being the only

item on the agenda?

4: 14-day notice for the meeting?

5: Is there a limit to the proxies that one

person can turn in?

— Denise

Denise:

The statute does not define material alteration,

but the generally accepted definition is “any

change from the original scheme or design of

the developer” and that usually means down to

the color of paint, type of carpet, etc.

To be on the safe side, I would have a membership

vote. A quorum must be present in person

or by general or limited proxy to call the

meeting to order.

All voting in a condominium and cooperative

must be with a Limited Proxy. No show

of hands ever except to approve the previous

meeting minutes and to adjourn. So, one Limited

Proxy per person. Each person does their

own voting. Limited proxies should be fully

completed by the owner before turned in.

The language you quoted from your documents

call for “little vote”- a majority vote of

those present which is a smaller vote than the

statutory default for condominiums of 75% of

the total membership (2/3 of the total membership

in a cooperative). So, assuming you have a

quorum or more present, the vote would be 51%

of that number present, in person or by proxy.

All membership meetings require a 14-day

written notice and agenda mailed to owners.

Don’t forget to post it and complete your Affidavit

of Mailing.

— Betsy

• • • •

Betsy,

A zoom board meeting where all three

members were present was adjourned. Then

two of the board members decided to have

a meeting with our management company

CAM. They made decisions on a few items.

They did not tell the 3rd board member

about this impromptu meeting. I thought

this was totally against all board ethics.

— Mary

Mary:

It doesn’t seem right, but it depends on the “decisions”

that were made. If they were operational

decisions such as pending maintenance or the

status of delinquencies or approval of invoices

or something else of that nature that does not

require a board meeting, there may be nothing

wrong with the impromptu meeting.

Otherwise, if your board seats are set at

three, then two members meeting together to

discuss association business such as signing contracts,

imposing fines for violations, or spending

money for items not budgeted, it is a meeting and

should have a notice and itemized agenda posted

48-hours in advance on the association property.

Ethics are not statutes. Likely your

board should create policies and procedures

setting parameters for impromptu meetings

with the CAM.

— 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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IN THIS ISSUE

Access Systems .............................................................................................. 8

Accounting Services .................................................................................... 8

Air Conditioning ............................................................................................. 9

Asphalt ................................................................................................................ 10

Cleaning and Maintenance ........................................................................ 11

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

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

Epoxy Flooring ................................................................................................ 14

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

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

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

Game Room Equipment ............................................................................. 18

Impact Windows and Doors .................................................................... 19

Inspections ........................................................................................................ 21

Painting ............................................................................................................... 22

Patio Furniture and Repairs ...................................................................... 23

Plumbing ............................................................................................................ 26

Pressure Cleaning .......................................................................................... 28

Restoration Services .................................................................................... 30

Roofing................................................................................................................ 33

Screening ........................................................................................................... 36

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

Walls ..................................................................................................................... 37

Index ..................................................................................................................... 38

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

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PAINTING

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RESTORATION SERVICES



RESTORATION SERVICES

ROOFING



ROOFING



ROOFING

SIDEWAK REPAIR

SCREENING

WALLS



INDEX

Access Control Systems

Smart Entry Systems, Page 8

Accounting Services

Michael B. Moskowitz, CPA, Page 8

ADA Ramps

Amaran Group LLC, Page 10

Big T Trip Hazard Repair, Page 37

Air Conditioning Sales,

Repairs & Maintenance

Comfort Zone Mechanical, Page 9

Arcade Machines

Billiards Florida, Page 18

Asphalt Overlays & Repairs


Omega Maintenance, Page 28

Asphalt Striping & Seal Coatings


Backflow Services


Balconies

All Fencing and Repair, Page 16

CBR Fabricators, Page 15

Biohazard & Trauma Cleanup

All Dry USA, Page 30, 31

Bookkeeping Services


Breaker Panel Replacements

Hypower Inc, Page 13

Building Inspection Electrical Repairs


Building Inspections


Car Stop Installations & Removals


Carports


CCTV Camera & DVR Systems


Ceiling Fans

Dan’s Fan City, Page 14

Code Violation Corrections



Coin Operated Game Machines


Columns


Commercial Building Inspections

Tri County Enginerring & Inspections, Inc, Page 21

Commercial Cleaning

ACL Cleaning Systems, Page 11

Concrete Cleaning


Concrete Curbing


Concrete Floor Grinding & Polishing

Americas Blasting & Coatings, Page 14

Concrete Garbage &

Dumpster Enclosures


Concrete Grinding & Leveling


Concrete Resurfacing & Repairs



Cost Replacement Assessments


Covid-19 Cleaning & Disinfection

Paradise Grime Busters, Page 29

United Restoration, Front Cover, Page 32

Decorative Ceiling & Wall Tiles

Decorative Ceiling Tiles, Back Cover, Page 37

Door Replacement

Alco Windows and Doors, Page 20

GM Door, Window & Screen, Page 19

NextGuard Impact Windows & Doors, Page 21

Door Screening

Screen Weaver Inc, Page 36

Door Skins


Drain Pumping


Plumbing Experts, Page 27

Dumpster Gates


Duct Work & Replacement


Electrical Contractor


Electrostatic Disinfection & Sanitizing


Emergency Lighting


Emergency Stairways


Energy Audits


Epoxy Flooring


EV Charging Stations & Repairs


Fans

Dan’s Fan City, Page 14

Faucets



Faux Finishes

Advanced Painting Systems Inc, Page 22

Faux Beams, Columns, Planks

& Trusses


Fencing



Fertilization


Fiber Optics


Fire & Smoke Damage Restoration



Floor Coatings


Premier Coatings, Page 5, 17

Flooring



Flooring Removal


Game Room Equipment


Garage Floor Coatings



Gate Opening Systems


Gates



Gazebo Tops


General Contractor


Generators


Glass Replacement

Ameriglass Contractors, Page 12

Glass Partitions


Graffiti Removal



Grease Traps


Guard Rails


Gutter Cleaning & Maintenance


BKB Cleaning Company, Page 28


Gutter Installation & Repairs


Heating


Holiday Lighting


Hurricane Preparedness


Hurricane Storm Panels & Shutters


Impact Windows & Doors




Indoor Air Quality Remediation



Inspections


Insulation


Intercom Entry Systems


Irrigation Installation & Repairs


Janitorial & Porter Services


Junk Removal


Knockdown


Landscape Lighting


Landscaping Design & Installation


Landscaping Services


Lawn Service & Maintenance


LED Lighting


Lighting


Mold Remediation



Motorized Screens


Murals


Outdoor Furniture

Dr. Strap, Page 24, 25

Sun & Beach Patio Furniture, Page 23

Outdoor Furniture Upholstery



Outdoor Janitorial Services


Painting



Parking Lot Floor Coatings


Parking Lot Lighting


Parking Lot Repairs


Parking Lot Striping


Partitions


Patio Furniture



Patio Furniture Repairs & Restoration



Patio Remodeling


Paver Sealing


Patio Umbrellas


Paving


Pinball Machines


Pipe Replacement



Plumbing



Pool Tables


Popcorn Removal


Pressure Cleaning






Property Condition Assessments


Property Maintenance


Railings



Rebars


Remodeling


Replacement Cost Appraisals


Restoration Services




Roof Coatings

360 Roofing Services Inc, Page 36

Cool Roof Foam and Coatings, Page 33

WeatherTight Systems, Page 2, 3, 34, 35

Roof Inspections


Roof Maintenance


Roof Painting


Roof Pressure Cleaning




Roof Repairs & Replacement



Cool Roof Foam and Coatings, Page 33

WeatherTight Systems, Page 2, 3, 34, 35

Rust Stain Removal


Sanitization Services


Screen Enclosures


Security Cameras & Lighting


Sewer Line Replacement


Shower Wall Panels


Sidewalk Repairs



Sidewalk Slab Replacement



Sliding Glass Door Handle, Lock &

Hardware Replacement


Sliding Glass Door Replacement



Sliding Glass Door Service, Repairs

& Maintenance


Soft Wash Building Washing



Speed Bump Installations


Stair Railings


Storefronts



Storm Damage Repairs


Structural Repairs



Structural Steel


Stucco Repairs


Surge Protection


Tax Services


Tenant Turnover Cleaning


Toilets



Trash Pickup Services


Trauma & Biohazard Cleanup


Tunneling for Plumbing Repairs


Underground Plumbing


Walkway Repairs



Wall Textures



Water Conservation


Water Damage Restoration



Water Heaters



Water Leak Detection




Waterproofing


Welding Services


Wind Mitigation Inspections


Window Board-Up Services


Window Cleaning



Window Repairs


Window Replacement





Window Screening



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

39

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