Page 13 - WFL Cooperator Winter Expo 2020

FLCOOPERATOR.COM THE WESTERN FLORIDA COOPERATOR —EXPO 2019 13 PO Box 278, Simpsonville SC 29681 www.discountplaygroundsupply Quality Commercial Products Since 2012 we have been a key sup- plier of quality products and sup- plies to Property Management Com- panies, Municipalities, Schools, Parks and other industries. Call 888-760-2499 today for great pricing ad outstanding customer ser- vice • Swing Parts • Dog Park Equipment • Site Furnishings • Bike Racks • Children’s Playsets • Outdoor Sports Supplies electronic copy, and it’s usually pretty easy for an inexperienced board, it should be par for sophisticated management companies armed the course for an eff ective manager. In fact, with resources like cloud computing to keep many managerial companies now utilize track of everything in a way that’s not terri- bly expensive. It’s useful to have a searchable streamline record-keeping in a way that al- version, and one that exists in the event of lows boards to access pertinent information some disaster, like a fi re. You can really opti- mize your own business operation via digital record-keeping. “Sometimes the management contract it- self includes protocol for turning over docu- ments from one managing agent to a replace- ment, or one board to the next. Certainly the expectation in Massachusetts is that you’re perless, and as such store all of the documents statutorily required to maintain these catego- ries of documents for seven years, so an in- coming managing company can expect that fi ling cabinets in our offi ces. Everything from you’ve kept all these records physically or lease and sale applications, to drivers’ licenses, electronically. Many times, management con- tracts themselves will specify that, upon ter- mination, you must turn over the documents cure. within 30 days, and sometimes they’ll specify who is responsible for the cost of doing so. “In a hypothetical situation wherein docu- ments were not backed up and are then lost, tion to our boards to allow them to get rid depending on the contours of the manage- ment agreement, this could constitute a gally—discard. breach of contract or negligence. We do see cases wherein managers did not keep records for whatever reason, we would provide them to the extent that they were supposed to, and or their new management company with a that absolutely can lead to breach of contract fl ash drive of all offi cial records. If a board or negligence. At that point, you can go to changes over, we hold board orientation court to force them to turn over information, classes to go over the documents, policies, but if they had never kept it in the fi rst place, and statutes governing their communities.” then you have to recreate it. Th e condo docu- ments will be recorded at the registry, so you tensive digital catalog of records—like the have to go and pull those offl ine. You’ll know eBridge interface used by Vanguard—or what bank was used, so you’ll be able to re- gain some fi nancial records. But you’ll have a ships and headaches that can ensue when a lot of things still missing: general ledgers for board FAILS to adequately maintain its fi les unit owners, vendor information... Th ere are are extensive. Properly collecting, storing, and many pieces you’d have to put together, which passing along data are imperative to an asso- would be really tough for a new management ciation’s functionality; it is not an area where company, and even worse for an association costs should be cut, whenever possible. attempting to self-manage.” (Avoiding) Anger (via) Management While all of this may sound daunting to various digital apps and services that can help with a few simple clicks. Bonita Vandall, vice president of man- agement services with Th e Vanguard Man- agement Group, Inc. in Tampa, Florida, discusses how her company navigates the digital landscape: “We consider ourselves to be mostly pa- for our communities in an eBridge fi ling sys- tem. We honestly do not even have physical to social security numbers, we save in the eBridge, and we consider that to be quite se- “In Florida, statutes 718, 719, and 720 dic- tate what can be saved and discarded and in what time frame. We provide this informa- of any old records they want to—and can le- “If an association were to sever ties with us Whether an association prefers an ex- something more old-fashioned, the hard- n Michael Odenthal is a freelance writer/re- porter with Th e Western Florida Cooperator. he says. “Under the ADA, a person with a dis- ability is someone who has a physical or mental impairment that seriously limits one or more major life activities, or who is regarded as hav- ing such impairments. \[It\] includes physical or mental impairment that substantially limits one or more of a person’s major life activities such as breathing, seeing, hearing, walking, sitting, standing, sleeping, caring for yourself, lift ing, or learning. It also requires having a re- cord of an impairment and/or being regarded as having an impairment. Asthma and allergies are generally considered disabilities under the ADA. Respiratory and other conditions caused or exacerbated by smoke and chemicals may also constitute a disability under the ADA.” Lisa Magill, an attorney with Kaye, Bender, Rembaum in Pompano Beach, Florida points out that the criteria for designating an impair- ment are “very subjective, as it’s defi ned by a medical professional of the person seeking re- dress.” Th is factor in determining disability can put a great deal of uncertainty on the co-op or condo association dealing with an issue of en- vironmental sensitivity. Key among the considerations to be taken into account if a resident is requesting accom- modations to address an environment-sensi- tive health condition is whether or not what they’re asking for can be considered “reason- able” under the law. Sima Kirsch, a commu- nity law attorney located in Chicago, observes that “Although the special accommodation requested must help the owner overcome the limitations that arise when one or more of their signifi cant life functions are impacted, the re- quest will unfortunately not be considered rea- sonable if the application imposes undo fi nan- cial burden upon the HOA. “Nevertheless,” she continues, “if there is no ENVIRONMENTAL... continued from page 1 continued on page 15 See us at Booth 501 See us at Booth 101