New state laws governing condo Association operations took effect July 1, Hillcrest leaders were informed at the July 11 Hillcrest Leadership Council meeting held in Rec Room 2 on Hillcrest Ct.

One prominent change mandates that associations conduct quarterly Board meetings, said Gregory R. Eisinger, a partner with nearby Eisinger Law. Asked about possible loopholes in the meeting requirement, the attorney said association leaders could conduct Board meetings via Zoom.  Eisinger also cautioned that the Annual Member Meeting ought to be held in person, especially if votes for Board of Directors slots are being counted. If an association would like to conduct annual or other Members meetings via zoom, then the Board of Directors would first need to pass a Board resolution authorizing this.

State law regulating education requirements for Board members also got beefed up, he said. According to Eisinger, now every existing Board member must take a four-hour training course by June 25, 2025.  Board members elected after July 1, 2024, would need to take the four-hour training course within 90 days of being elected. Many law firms had been offering courses with fewer hours for free.  But those courses are no longer valid because of the new law.  The old law also allowed Board members
to avoid taking a course and instead sign a document stating they understand their Association’s condo docs and state law.  That option is no longer available as every Board Member must now attend a Board Certification Course.

 Eisinger said the Florida Department of Business and Professional Regulation (DBPR) had not written rules yet to help law firms and condo Associations comply with the new Board Certification law.  Among other things, law firms that want to offer the training for free are waiting to learn what they will be mandated to teach, whether it must be a one-time four-hour course, or whether it can be broken up into a few sessions. Eisinger said that condo attorneys hope to have more information on the course requirements within the next few weeks. 

As of the July HLC meeting, it also was not known how the state wants to document that Board members met the education requirement.

Additionally, Tallahassee lawmakers passed, and Gov. Ron DeSantis signed, legislation that makes Board members take a one hour continuing education course every year after completing the four-hour course, Eisinger said.  But the same lack of clarity remains, he said, noting law firms and Board members are waiting to see what rules the state DBPR writes to enforce this new requirement. Those courses will not start until next year.

Warning Board members, Eisinger said some of the new laws establish the threat of possible criminal prosecution if certain laws are not followed.

For instance, fraudulent voting has generally been treated as a civil matter, he said.  But now forged documents and voter fraud can lead to arrest and prosecution. And the same applies for kickbacks, which had been viewed as a civil matter.  Now, though, the police can be called to make arrests if there is probable cause to do so. The state also added criminal penalties for willful destruction of condo records or willful failure to grant owners access to those records, Eisinger said.

Giving unit owners more protection, the new state law says condo Associations can’t sue owners who speak out and question how the condo is managed.  But if a wayward Board files such a suit, all unit owners through their Association will be responsible for paying the legal fees of the owner who the Board tried to silence. However, this new protection does not change state defamation laws, said Eisinger.  He explained that unit owners who make false statements in writing or verbally can still be sued.

  The Hollywood attorney also discussed laws that deal with condo finances. According to Eisinger, condo Boards cannot charge new buyers a “Capital Contribution Fee” when they purchase their unit.  In simple terms, state law says Associations must treat everyone the same way — you can’t assess some, but not others. In another effort to raise money during these trying financial times, Eisinger said some condo leaders rent out parking spaces, which is generally illegal but could potentially be authorized in an association’s governing documents.

Of course, many Associations are struggling to deal with inflation, new laws mandating increased structural inspections, and “fully funded” reserve accounts.  So, to stay on the right side of the law, Eisinger suggested Association leaders speak with their condo attorney to determine if their governing documents may give them greater flexibility in raising revenue.

Regarding increased revenue, the attorney said the state passed a law (“My Safe Florida Condominium Pilot Program”) to help condos obtain a government grant up to $175,000 to pay for hurricane protection projects. But there are problems with the law.  For instance, Eisinger said the Board must vote to apply for an initial inspection. But that’s only the start of the journey.  Then the Board must get 100% approval from unit owners to seek the grant. And even if condos scale that mountain, more roadblocks remain.

Eisinger said the Florida Department of Financial Services doesn’t expect to have rules in place until the fall. With so many questions left unanswered about the new laws, Eisinger said lawmakers typically return the next year to make fixes if they got something wrong.  The correction to a previous law is called a “Glitch Bill”.” 

In other local matters:

1-District 6 Commissioner Idelma Quintana introduced Hillcrest leaders to Raelin Storey, who was promoted to an Assistant City Manager position after years of service in City Hall. Her portfolio is broad and wide, including Development, HR, Risk Management, Planning and Permitting.

And the City Hall duo brought good news on the permitting front.  The City is working to put in place a new software system that should make the permitting process easier.  The expected start date for the new software is August 19.

Just prior to the HLC meeting, a building board member called Quintana to tell her that a fallen tree was blocking part of Hillcrest Drive. Quintana immediately contacted the appropriate City department, and the tree was removed.

Quintana’s philosophy is that her job as a Commissioner is to serve as a liaison between residents and government management employees who run the City on a day-to-day basis. Her open-door policy and attendance at our HLC meetings is why Hillcrest leaders never hesitate to contact her with concerns.  You can reach her at:  iquintana@hollywoodfl.org.

2-Chris Sullivan, a Rescue Captain with the Hollywood Fire Department
stopped by to meet the Hillcrest leadership. Rescue Captain is a supervisory position in the HFDs Operations Division; they are tasked primarily with oversight of EMS crews and calls during shift hours. Which is why he had to leave early. But he asked us to reach out to Marcia Skupeika, Hillcrest Angels team leader and provided us with two more resources that can be of help to our residents in need. A big THANK YOU to Chirs and we hope to see him at future meetings.

3-Hollywood Police Officer Joshua Grotenhuis also brought good news.  He said incidents of Hillcrest car break-ins/theft are way down and there were no catalytic converter thefts in June.  This has been a problem here, and around the city for some time now.

The Officer also warned residents to be leery of computer links.  Sometimes criminals pretending to work for a bank, for example, send an email asking people to click the enclosed link.  That link lets the crooks get into your computer to steal your information, among other things. NEVER click a link. Instead, go to the bank/business website yourself or call them.

Renewing a request, Officer Grotenhuis noted that Buildings 8, 16, 18, 19, 20 and 24 had not completed paperwork needed to get large yellow No Trespassing signs.  These signs, placed at building entrances, let the police make arrests without having to involve someone from
the building.

And speeders, beware: A new program starts next month to deter speeding near schools. Speed-reading devices will be stationed in all school zones (including Championship Academy here on Hillcrest Drive and Orangebrook Elementary, automatically recording license plates of those who go over the speed limit. Violators will be mailed tickets with fines up to $100. 

4- On an upbeat note, lead Hillcrest “Angel” Marcia Skupeika discussed a program that started in Hillcrest 23, where she lives, but is spreading.  Residents in Hillcrest buildings 22 and 24 also work as angels now to help residents in their building deal with a variety of issues.

A major problem is food insecurity, said Skupeika, who lauded Hillcrest residents who go to local food banks and bring food to needy residents.  One volunteer even started cooking meals for residents before the Angel team was established.

Visiting the transportation issue once again, Skupeika reminded building leaders that if they have a resident who needs the shuttle services to get around, to contact David Hillebert, Hillcrest 23, who will meet with them personally and show them how to use the service. David can be reached at dhofrev1412@protonmail.com.

To learn more about how to help your neighbors in need, or how to expand the program to your building, BE SURE TO ATTEND THE TOWN
HALL MEETING Wednesday, July 17 at 6 PM. Rec Room 2 is at 1150 Hillcrest Court (where we vote). You can contact Marcia Skupeika directly at marcia.skupeika@gmail.com.