Association communications

April 17, 2023

Maintaining Orderly Board Meetings Essential to Effective Community Association Governance

by Roberto C. Blanch

Roberto C. Blanch

The community association board meeting is where the rubber meets the road for practically all matters that come before an association and the community it serves. Order and civility are essential for effective meetings, and their erosion will only snowball into growing disfunction and disharmony.

The effective use of Robert’s Rules of Order as the general format for association board meetings serves a solid platform on which to build upon for successful and orderly meetings. Board meetings adhering to Robert’s Rules generally include a call to order, the establishment of a quorum, a review and approval of the previous meeting’s minutes, new business, old business, and adjournment.

Some associations also add an open forum for input and discussion from owners in attendance at the meeting, but as further addressed below, efforts to streamline agendas and make meetings more efficient may result in the removal of such an item to the extent it is not required in accordance with the association’s governing documents.

However, following this meeting format is just a starting point. Many factors may contribute to effective and efficient meetings. For example, it has been suggested that the manner by which the directors themselves are seated at meetings may contribute to effective meetings. Some have found it helpful to arrange the board members so they are seated in a “C” formation — with the open end facing the attendees — citing that this seating arrangement helps to avoid the misperception that the board members are only speaking to the unit owners in attendance but not to each other.

Maintaining civility during interaction with attendees is also a factor to be considered. Directors should avoid speaking and interrupting individuals’ remarks during discussions. Directors and all others in attendance should be mindful of the need to listen attentively to all the remarks, take notes if necessary, and hold their own questions or comments until after the remarks are concluded.

November 20, 2022

Firm’s Latest Miami Herald Column by Evonne Andris: “Response to Negative TV News Report by HOA Shows How It’s Done”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column is authored by partner Evonne Andris and appears in today’s edition of the newspaper. The article, which is titled “Response to Negative TV News Report by HOA Shows How It’s Done,” focuses on a recent case from San Antonio, Texas, involving a homeowner’s car that was wrongfully towed by her HOA. As often happens in such instances of community association missteps, the homeowner responded by reporting the incident to her favorite local TV news station. Evonne’s article reads:

. . . “We looked into the claim,” begins the story from KENS 5, the city’s CBS affiliate. Jennifer Holmquist tells the station her son’s car was suddenly gone from their driveway, and they were about to report it stolen when they learned it had been towed by the Mountain Lodge Homeowner’s Association with no advance warning.

“Nothing on the door, no phone call, no email,” she complains to the reporter. She also bemoans that she was told by the towing company it would cost $300 to get the car back.

In similar situations of community association disputes across the country, what typically follows is an account of how the reporter attempted to get a response from the association, but none was forthcoming. In some cases, the journalists receive a written response from the association’s attorney that defends its actions and holds firm that they were in accordance with the community’s policies and regulations.

However, when the acts taken by an association are in error, simple no comment responses or those focusing on community policies and regulations may not be the best position to take. Such cases highlight the importance of a well thought out response. In this situation, it was verified that the removal of the vehicle on the community’s behalf was the result of a miscommunication with the HOA’s towing company, so the association and its board of directors had a decision to make.

November 6, 2022

Miami Herald Column by Shari Wald Garrett: “Increases in Community Association Budgets Require Careful Deliberation, Communication”

by Siegfried Rivera

Siegfried Rivera

The firm’s latest Miami Herald “Real Estate Counselor” column is authored by partner Shari Wald Garrett and appears in today’s Neighbors section of the newspaper. The article, which is titled “Increases in Community Association Budgets Require Careful Deliberation, Communication,” focuses on the budgetary strains that Florida community associations are now beginning to experience. It notes that directors and property managers are finding it particularly difficult to reconcile required increases with many community home and condominium owners, but there is no avoiding the difficult work that lies ahead. Her column advises:

. . . One of the best budgetary approaches for associations to consider is the use of a finance/budget committee, which is able to give all the important financial questions that come into play the attention and consideration they deserve.

Ideally, finance/budget committees should be composed of three or more dedicated owners who have professional financial/accounting or budgetary oversight experience. This committee should meet year-round to discuss all matters pertaining to changes to the association budgetary plans and finances. The committee’s focus should be on the implementation of the annual budget for the upcoming fiscal year, as well as all the other financial and budgetary requirements based on the association’s bylaws.

Once the committee completes and submits its proposed annual budget to the board of directors for final approval, its members should attend the coming board meeting(s) to discuss the budget and address any questions or concerns.

March 5, 2020

Coronavirus Plans, Precautions for Proactive Community Associations

by Evonne Andris

Evonne Andris

On March 2, 2020, York Condominium Corporation of Ontario, Canada, advised its residents that one of its security guards, who had traveled overseas, had been diagnosed with COVID-19. For the residents of the community involved in this case and all those who reside or work in communities with associations, chatting and interacting with one’s fellow neighbors and association staff can be one of the greatest joys of condominium or community living. However, being in proximity with others is the most typical pathway to contagion when infectious diseases such as the deadly COVID-19 coronavirus are circulating. In response to the expected rise in COVID-19 cases, now is the time for associations to dust off and review their emergency plans and implement some important precautions.

To protect against catching and spreading COVID-19, the Centers for Disease Control and Prevention recommends washing hands frequently with soap and water for at least 20 seconds, especially after going to the bathroom, before eating, and after blowing your nose, coughing or sneezing. If soap and water are unavailable, use an alcohol-based hand sanitizer with at least 60 percent alcohol. It is also recommended to avoid close contact with people who are sick, and stay home when you are sick.

Community associations should take a proactive approach toward preparing for the potential spread of COVID-19. Associations should consider installing and using hand sanitizer dispensers in high traffic areas, including the lobby, management office, meeting rooms, social rooms, dining halls, package rooms, fitness center and elevator vestibules. They should also focus on upgraded cleaning measures and protocols to help ensure that high-touch surfaces, including lobby reception desks, elevator buttons, handrails and door handles, are being cleaned and sanitized on a regular and frequent basis. Common-area restrooms should be cleaned and inspected with frequency, and special attention should be given to refilling all essentials such as soap and towel dispensers.

June 13, 2018

Article by Gary Mars in Today’s Daily Business Review: “Community Associations Should Make Effective Use of Social Media”

by Siegfried Rivera

Siegfried Rivera

For the second consecutive day, an article on important community association issues authored by one of our partners has served as the featured guest commentary column in the pages of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article in today’s edition of the newspaper is by Gary M. Mars, and it is titled “Community Associations Should Make Effective Use of Social Media.” Gary’s article reads:

There is no doubt that the use of social media can save community associations time and money with some of their communications and outreach efforts aimed at their owners and residents. Adding new posts with photos and videos to an association’s social media pages is simple and free, and millions of Americans are now visiting Facebook, Twitter, YouTube, Instagram, LinkedIn and others on a daily basis.

Some associations are now including community calendars in their Facebook group site as well as meeting notices, agendas and notes. These group pages are also ideal for posting links to copies of annual reports, community bylaws, and other helpful items and forms.

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