Page 3 - Boca ViewPointe - January '24

January 2024 Viewpointe, Page 3
Effective Community Association Governance

By Karyan San Martano, Your community association operations also largely the agenda needs to be adhered to. The agenda should not
Attorney at Law depend on dedicated volunteers and guidance from experts. serve simply as guidance for discussion but rather should
Serving on the Board is one way to assist in the direction be used as the basis for an effective meeting that does not
Your community of your community. It is no small task. If you do not have devolve into unproductive tangents. Discourse should be
association functions as the time to dedicate to effectively serving on the Board, kept civil. Not every member will agree but talking over one
a democratic subsociety, the community may have committees that are also looking another and not letting others talk is unproductive. The law
which works most effectively for volunteers. Serving on a committee is another way to allows the Board to adopt reasonable rules and regulations
with an active and informed effect positive change, whether that is a budget or finance for participation at meetings. Useful minutes should be kept
membership. This requires committee, an enforcement committee, an architectural for each and every board and membership meeting. This is
a level of knowledge and review committee, or social committee. In addition to not a complete transcript of the meeting. However, enough
understanding about the dedicated volunteers, reliance on experts where needed can detail needs to be included so that the minutes may serve as
community’s operations avoid the community serious (and potentially expensive) a useful reference point in the future.
from both the Board and the membership at large. We headaches down the line. Legal counsel experienced in Good governance starts with effective governing
continue to hear that unprecedented changes are coming community association law should guide the Board in documents and volunteers. Participation and effort by the
down the pipeline in the ways that community associations navigating the numerous requirements stemming from Board and membership go a long way in the smooth and
operate. Part of getting ahead of these coming changes is Florida statute and the association’s Governing Documents. efficient operation of the community. Effective communication
to ensure that the basics of a well-functioning community The association should also seek guidance from other experts, helps maintain community morale. Association counsel can
association are already in place. As this new year rolls including but not limited to accountants, engineers, and help in navigating the legal requirements for your community
on, make it a goal to assist where you can in making your architects, when the situation calls for such guidance. as 2024 moves forward. 
community the best it can be. Effective outreach and communication are also vital. A
Let’s start with the Governing Documents. The Governing certain level of communication is required by law. Proper and
Documents are legally binding on all members. In addition timely notices of membership meetings and board meetings Golf Carts
to legal liability for noncompliance, understanding and are required. All agenda items to be discussed at the meeting
adhering to the Governing Documents and policies of your are to be set forth in the notices. If the Board is unsure about
community constitutes being a good neighbor. For example, the required notice for special types of meetings, association
being familiar with architectural restrictions and maintenance counsel should be consulted. One way members can assist Please Drive
standards allows the community to maintain a certain level the Board with effective communication is to ensure that the Carefully!
of cohesion that helps maintain property values. Community Board has the correct designated mailing address, especially
willingness to actively comply goes a long way and saves if the owner has a primary address outside of the community.
the community money and time by avoiding enforcement If you have consented to receiving notices via e-mail, does
actions. Board members should be particularly familiar the Board have your most recent email address? And are you
with the Governing Documents as members of the body checking this e-mail address consistently and have made sure
charged with upholding these documents to the best of their that the e-mails from the Board or manager are not going to Watch Your Speed!
ability. Understanding and complying with the Governing your spam folder?
Documents is much simpler when the Documents are clear Last but not least, showing up. Sending and receiving
and cohesive. Are there outdated provisions in the Governing notices is all well and good, but is of little effect if members Speeding fines are being
Documents that no longer serve the needs of the community? do not attend meetings. This can be done in person, or enforced! Fine schedule: 6-20
Having legal counsel perform a thorough review of the online if the option is available, or by submitting a proxy mph over the limit $50 and more
Governing Documents is a first step. Outdated provisions can when permissible. Membership meetings cannot move than 21 mph over the limit $100.
be removed, and legal counsel can advise whether provisions forward without a quorum of the membership. As such, Please obey the posted speed limit
are also not in line with current law and recommended best it is imperative that enough members attend, or submit a signs and drive safely! 

practices. Clear and effective documents are an important proxy, so that operations can move forward. Encourage your
line of defense in a well-functioning association. neighbors to attend and participate as well. At the meeting,

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