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    • Home
    • Services
    • Association Deficiencies
    • Support
      • Statutory Requirements
      • Community Association
      • Documents
    • About Us
    • Contact Us
  • Home
  • Services
  • Association Deficiencies
  • Support
    • Statutory Requirements
    • Community Association
    • Documents
  • About Us
  • Contact Us

Association Deficiencies

Firm Foundations, Strong Associations, Association Allies Group

💰 Financial and Budgetary Deficiencies

Poor Financial Management and Planning

Lack of Reserve Studies or Underfunded Reserves

Lack of Reserve Studies or Underfunded Reserves

  • Inaccurate budgeting which leads to cash shortfalls, special assessments and artificially low or high maintenance rates
  • Lack of proper financial internal controls and audits, i.e. checks and balances
  • Improper financial record-keeping, including payroll and accounts payable records
  • Multiple special assessments within a short time-span, an indication of poor budgeting

Lack of Reserve Studies or Underfunded Reserves

Lack of Reserve Studies or Underfunded Reserves

Lack of Reserve Studies or Underfunded Reserves

  • Not conducting regular and/or mandatory reserve studies
  • Not funding reserves adequately for capital repairs and replacements
  • Non-compliance with SIRS (Structural Integrity Reserve Study) state requirements
  • Failure to comply with or amend existing reserve studies

No Annual Audit or Review

Lack of Reserve Studies or Underfunded Reserves

No Annual Audit or Review

  • Failing to conduct an annual financial review or audit when required by law or governing documents
  • Failure to provide annual reports and other required documentation to the state, county or city

⚖️ Legal and Governance Deficiencies

Failure to Comply with Statutory Requirements

Failure to Comply with Statutory Requirements

Failure to Comply with Statutory Requirements

  • Non-compliance with Florida Statutes (Chapters 718 for condos and 720 for HOAs) including SIRS and Milestone Inspection requirements
  • Failure to provide proper notice of meetings with agendas
  • Failure to provide accurate, succinct meeting minutes in a timely manner
  • Inadequate notice of elections or changes to community documents
  • Failure to provide access to financial records or meeting minutes

Insurance Deficiencies

Failure to Comply with Statutory Requirements

Failure to Comply with Statutory Requirements

  • Improperly maintained coverage or lapses in premium payments (sometimes due to board turnover) 
  • Lack of due diligence in bidding insurances, i.e. not looking for areas of liability exposure or properly shopping the insurance market
  • Lack of proper insurance record-keeping, i.e. vendor W-9s and insurance certificates and association insurance files

Improper Elections

Failure to Comply with Statutory Requirements

Mismanagement and Violation of Governing Documents

  • Flawed election procedures, including notices of elections, proxies and ballots, failure to establish quorums, etc.

Mismanagement and Violation of Governing Documents

Mismanagement and Violation of Governing Documents

Mismanagement and Violation of Governing Documents

  • Failure to review and update governing documents regularly
  • Inconsistent and improper enforcement of governing documents, i.e. selective enforcement and violating governing documents and state statutes

Unlicensed Practice of Law or Management

Mismanagement and Violation of Governing Documents

Unlicensed Practice of Law or Management

  • Board members or unlicensed managers providing legal advice or performing tasks requiring licensure

🛠️ Maintenance and Operational Deficiencies

Neglected Maintenance or Repairs

Neglected Maintenance or Repairs

Neglected Maintenance or Repairs

  • Poor maintenance vendor and staff management; for example, no schedule of maintenance items, i.e. daily, weekly, monthly, semi-annually, and yearly tasks and no clear definitions of work to be performed
  • Lack of maintenance record-keeping, i.e. no work order and preventative maintenance system
  • Delayed or inadequate response to infrastructure problems causing further expense
  • Liability exposure due to neglect and mismanagement of property 
  • Failure to perform required structural inspections, such as Milestone Inspections

Improper Contracting Practices

Neglected Maintenance or Repairs

Neglected Maintenance or Repairs

  • Failure to do due diligence in bidding processes, i.e. failure to obtain competitive bids
  • Failure to properly inspect and when necessary vet vendor contracts through an attorney

👥 Communication and Management Deficiencies

Board Meeting and Board Member Deficiencies

Poor Record-Keeping and Response to Record Requests

Poor Record-Keeping and Response to Record Requests

  • Boards not receiving or seeking training; Lack of knowledge of statutory obligations
  • Meetings not conducted in an orderly fashion, i.e. using Robert’s Rules of Order or another Board-approved meeting decorum
  • Lack of transparency and communication with owners 
  • Accurate and succinct minutes not being produced and properly distributed or posted as per statute

Poor Record-Keeping and Response to Record Requests

Poor Record-Keeping and Response to Record Requests

Poor Record-Keeping and Response to Record Requests

  • Failure to keep and properly maintain records; Missing or disorganized official records, including meeting minutes, payroll records, accounts payables records, resident and employee files, architectural review applications, etc.
  • Failure to respond to estoppel, condo questionnaire, and official record requests in a timely and accurate manner

⚠️ Ethical and Social Issues

Discrimination

  • Violations of Fair Housing laws (e.g., against families, disabled residents, etc.)
  • Improper interview procedures 
  • Performing background checks inconsistently

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