The February Update Includes: -        Ask C&M: All Wet? Now What? -        February 22nd Seminar Cancelled. -        List of Upcoming Free March Seminars. -        That’ll Be the Day: How to Hold a Board and Annual Meeting. -        Happy Days: Groovin’ All Day with You! - Featuring 7 Hot Topics. -        Oh What a Night: Elite Vendor Panel Discussion. -        Kudos.

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Ask C&M

Ask C&M is a monthly column in our C&M Update newsletter. If you would like to submit a question for possible publications, please use this link. Question : When is an association NOT responsible for drywall repairs when a unit is flooded? We have been told that all drywall repairs per FL 718 are the association's responsibility.  Question submitted by: Gloria Sommers, Ocean Oaks Condominium Association, Inc. Answer: Based on the question as presented, where there is an unanticipated “flood” of a unit, and damage occurs to drywall within a condominium unit, realistically, it would be difficult to come up with a fact pattern where the responsibility for drywall repair would rest with the unit owner. However, not all drywall repairs are always the Association’s responsibility. Let us explain as simply as we can a complicated topic.

Responsibility for drywall repairs is a confusing and complicated issue, in accordance with fairly recent changes to the Florida Statutes on this issue. In accordance with Florida Statute 718.111(11)(f), every property insurance policy issued (to the Association) or renewed on or after January 1, 2009, for the purpose of protecting the condominium (as opposed to a unit) must provide primary coverage for (among other things) “all portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.” This would likely include drywall, although it may exclude wall coverings and other items listed in the statute.  Per Florida Statute 718.111(11)(j): “Any portion of the condominium property that must be insured by the association against property loss pursuant to paragraph (f) which is damaged by an insurable event shall be reconstructed, repaired, or replaced as necessary by the association as a common expense. In the absence of an insurable event, the association or the unit owners shall be responsible for the reconstruction, repair, or replacement as determined by the maintenance provisions of the declaration or bylaws.”

As such, the key to determining responsibility for maintenance, repair, and replacement for damages is whether the necessary reconstruction, repair, or replacement is as a result of an “insurable event,” which is generally determined by the insurance company. Most floods, as we would understand them, would be considered to be “insurable events.” If an event causing damages is not an insurable event, then the Association’s Governing Documents would determine whether the Unit Owner or the Association is responsible for the necessary reconstruction, repair, or replacement. As such, under some circumstances, where an insurable event is NOT involved, a Unit Owner may (but may not) have responsibility for necessary reconstruction, repair, or replacement. Answer provided by Brian Hess, Partner Do you have a legal question you want answered by one of our attorneys? Be sure to submit it to Ask C&M and your question could be featured in our next edition.

February 22nd Seminar Cancelled

We regret that due to room size restrictions, we have to cancel our Saturday, February 22nd free seminar, Happy Days: Groovin’ All Week with You! at Calvary Church, Winter Park. We are currently evaluating this situation to determine how to proceed. Keep checking our website and monthly newsletters for further updates.

Upcoming Free March Seminars

That’ll Be the Day!: How to Hold a Board/Annual Meeting - Tuesday, March 3rd in Davenport Happy Days: Groovin’ All Day with You! - Saturday March 14th in Leesburg and March 28th in Celebration Oh What a Night: Elite Business Partner Panel Discussion - Thursday March 19th in Melbourne

How to Hold a Board and Annual Meeting – Davenport That’ll be the Day Tuesday, March 3rd – 6:00 to 7:30 p.m. Free Seminar!

Conducting an Association meeting can be tricky sometimes. Besides all the subjects you may want to cover and the proper legal notice to provide to your members, you also have the challenge of how to conduct the meeting and how to ensure residents attend the meeting.  This class will assist you in your endeavors with tips on how to hold a Board and an Annual Meeting. Click here to register for the live presentation. Click here to register for the Webinar.

How to Handle the Topics – Leesburg & Celebration Happy Days: Groovin’ All Day with You! Saturday, March 14th – Leesburg Saturday, March 28th – Celebration Registration starts at 8:00 a.m. Class is from 9:00 a.m. to 12:00 p.m. Free Seminar!

Join us for our very special Saturday seminars on March 14th in Leesburg (to register use this link ) or in Celebration on Saturday March 28th (to register use this link ).    Happy Days: Groovin’ All Day with You! is a three hour class featuring seven challenging topics that Board Members and Managers face every day. Our esteemed attorneys and key staff will present possible solutions to these hot topics.   Our team will be addressing issues involving Pets, Enforcing Your Covenants, Bankruptcy for Associations, Rentals, Amendments, Working Effectively with Your Attorney and the Non-Legal Side of Being a Director.  This seminar is all about learning how to handle difficult topics as a director, having fun, listening to the hits of the 1950’s, visiting specialized vendors for Associations, door prizes, great legal information, and one on one time with the attorneys that Embrace Community. Our Attorneys and Director of Public Relations are looking forward to meeting you individually and answering any questions you may have – all for free. A complimentary continental breakfast will be provided. And…Elvis has not left the building! Time is running out. Pre-registration closes on the Wednesday before the event, but you are most welcome to attend as a walk-in attendee after registration ends..  Our Leesburg venue has adequate space while our Celebration site does feature limited seating. So bring your fellow Board Members (and Board Members from other Associations), Committee Members, Managers, and neighbors! Everyone is welcome! To learn more about the “Hot Topics” and the attorneys that will be presenting them, visit us online .

Elite Vendor Panel Discussion – Melbourne Oh What a Night! Thursday, March 19th - 6:00 – 7:30 p.m. Free Seminar!

This very special presentation features a panel of an elite set of our Partner Vendors and one of our attorneys. This is your time to pick the brains of the leaders in the community association industry while enjoying a bountiful buffet of appetizers and beverages.  Bring your entire Board of Directors, Committee Members, and Managers . To register for the live presentation, click here . If you miss the deadline you are welcome to attend as a walk-in. There is plenty of room at this venue.

Kudos to Alan Schwartzseid for Rags to Riches

Attorney Alan Schwartzseid received high marks from attendees for his presentation of Rags to Riches; a Free Community Connect Chats seminar focusing on the legal issues surrounding Bankruptcy and Foreclosures for Associations. Alan also received a lovely testimonial from Jennifer Persaud, Treasurer at Cypress Pointe at Lake Orlando who said, “Alan was very knowledgeable and friendly. I am very pleased with his service and advice.”

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