Property Managers play many roles within a community, and we understand the many facets of those roles. That’s why our Firm provides you with all the information, guidance, and assistance you’ll need. No request goes unattended, and no detail is left out. We are there with you at every level, supporting you and working with you to create a strong, well-running community for your association.
Frequently Asked Questions
We have compiled a list of frequently asked questions specifically with you, the Property Manager, in mind. Please feel free to contact the Firm with any questions and to discuss how we can work together.
When should an Association refer a delinquent unit owner to the Association's attorney for collections?
The Association should follow a structured collections policy, which includes assessment of interest and late fees on delinquent payments, and correspondence from the Board or management company prior to the account being forwarded to the Association’s legal counsel. All delinquent accounts should be forwarded to the Association's legal counsel within sixty (60) days of the initial delinquency.
When should the Association consider filing a lien foreclosure?
Many factors come into play before deciding whether to pursue a lien foreclosure against a particular unit. Amount of delinquency, physical condition of the unit, whether the occupants constitute a nuisance to other occupants, whether the unit is subject to a bankruptcy action, and status of the bank foreclosure all play a part in the decision making of whether to pursue lien foreclosure. See our proprietary Foreclosure Decision Making Flowchart and Foreclosure Timeline under the Resources section of our website to assist in making the proper decision.
What records should the Association maintain and for how long?
§718.111(12), Florida Statutes, specify which records of the association shall be made reasonably available for examination by any member or any person designated by the member in writing as the member's representative, "except as set forth in Section C of the statute." These exceptions include attorney communication, pending or threatened litigation, documents related to "personal, disciplinary, payroll, health, and insurance records" of individual members, employees or contracted employees and certain employee or contracted employee's records. If you have a question regarding any written request for records, please contact us to ensure that your association complies with the statute.
How do I respond to a petition for removal of a member(s) of the Board of Directors?
§718.112(2)(j), Florida Statutes and Rule 61B-50, Florida Administrative Code sets forth the process to remove a director by the members. If you receive a written petition for recall of a director, contact us immediately, as a meeting must be held within five (5) business days of receipt as to whether to certify or not certify the recall.
Who should serve as the Registered Agent for the Association?
The Registered Agent is the person or entity who is entrusted with receipt of service of process on legal proceedings. In all cases this person or entity should be the Association attorney or legal counsel. Strict deadlines apply to the response to legal pleadings, and having the Association's legal counsel serve as Registered Agent will ensure that the maximum amount of time will be allotted to filing the necessary response to suits and other legal notices. Additionally, having the Association's legal counsel serve as Registered Agent may serve as a deterrent to those who seek to sue the Association, as they know that the Association is prepared to meet these legal challenges with competent legal representation.
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