In response to residents concerns about water pressure, Heather Keel at Cambridge Management has given us this report:
I wanted to provide you information on the water pressure issues that have been reported. We had Lee County Utilities out to evaluate water pressure issues that have been reported throughout Pelican Sound.
Lee County Utilities noted that they were not able to find any deficiencies. They recommended that unit owners replace fixture filters and clean aerators. Owners who have done so have seen improvement in water flow.
The following was provided by Heather Keel, Cambridge Management
Community Associations and COVID-19
Over the past several
days we have spoken to many clients with questions on how their Condominium,
Homeowners, or Cooperative Association may or must respond to COVID-19 and the
myriad of Federal, State, and local orders. Below we will briefly address
some of the most common questions.
What
does the Statewide Stay at Home Emergency Order Mean for Associations?
Governor DeSantis
issued a statewide stay at home order effective at midnight on April 2,
2020. The Order requires all persons to stay at home unless their
job provides essential services or unless they engage in essential
activities. The list of essential services is lengthy but relative
to Associations includes contractors/trades that provide services necessary for
maintaining safety, sanitation, and essential operation of residences and
structures, legal and accounting services necessary to respond to virus-related
orders, landscaping, and pool care. Property management, although
not expressly listed, would likely be deemed to be an essential service as it
is necessary to maintain and operate Associations. Our law firm will
remain open and available to assist our clients with their Association’s legal
needs.
How
does a Florida State of Emergency effect how my Association
operates?
Initially there was
some debate as to whether the emergency powers statutes applied in the current
environment. However, the Division of Business and Professional
Regulation (“DBPR”) has issued Emergency Order 2020-04 for all Condominiums,
Cooperatives, and Homeowners Associations governed by Florida Statute Chapter
718, 719, and 720. It provides that while the Florida Statutes on
emergency powers were drafted in response to physical damage to property (such
as with a hurricane), the statutory emergency powers have the same application
under this State of Emergency. Therefore, the Association may
operate with emergency powers under Florida Statutes and your governing
documents.
What
are the emergency powers?
Florida Statutes
provide that an Association may schedule Board meetings with less than the
required notice. The Association may also close portions of the
Association property and prohibit or limit access to the community by guests,
tenants, vendors and others. In general, the Association may take
such action as is “reasonably necessary to protect the health, safety, and
welfare” of the Association owners residents, and guests. Your
Declaration may provide greater or fewer emergency powers.
How does my Association conduct a Board meeting?
The Federal government
has issued guidelines which require social distancing of at least 6 feet
between individuals and bans gatherings of more than 10 people.
This makes in-person Board meetings virtually impossible. Until such time
as the social distancing and gathering restrictions are lifted, we recommend
that all Associations conduct their regular Board meetings via phone conference
or video conference. For owner participation you must allow the
owners to call in to the conference call or join the video conference.
How
does my Association conduct an Annual or Membership meeting?
Currently, we
recommend that you postpone any membership meetings so that you can acquire and
test the necessary technology to conduct a meeting that will involve substantial
meaningful participation from owners, including voting. Keep in mind that
any proxies you have received are valid for up to 90 days from the date of the
originally scheduled meeting. The Board, management, and attorney should
work together to ensure compliance with the Association’s Declaration in
rescheduling and conducting the meeting. If you conduct a meeting, you
would want to limit or prohibit physical attendance and permit owners to
participate remotely via proxy or another authorized method.
Can the Association close a portion of the Association property? And
should you?
Yes, under the Florida
Statutes emergency powers you can close a portion of the common
areas. If any portion of the common areas is used in a manner which
violates social distancing or gathering guidelines, then you should close it.
This includes pools, spas, gyms and other indoor or outdoor areas.
The Association may also close party rooms or gathering spaces to the extent
they may be used for gatherings of more than 10 people. If your
Association has an onsite management office and your manager is going to
continue to report to work in person, we recommend that you limit the office to
only necessary occupants and visitors. Keep in mind that you cannot
prevent access to the units or homes, so common hallways, foyers, elevators,
stairways, and the like must remain open. Miami-Dade County has
ordered ALL common amenities be closed until further notice. This
has not yet occurred in any Southwest Florida County, but it is quite possible
this will occur in the near future.
What happens if someone in the community tests positive for COVID-19?
This is a difficult
question that raises several legal issues. The Association should not be
actively inquiring about the medical status of residents or guests.
However, if the Association acquires actual knowledge that someone has tested
positive for COVID-19, it is our opinion that you should notify all owners and
residents. However, you must keep the address and identity of the
individual confidential. The Association should also ensure it is
taking all appropriate precautions to comply with social distancing, limited
gatherings, and if possible, increase cleaning of common areas.
How does the Federal Stimulus affect Associations?
The Coronavirus Aid,
Relief, and Economic Security Act (“CARES”) has been signed into law. The 800
pages of text allocate over $2 trillion in federal money to bolster the economy
during this difficult time. Under CARES, Associations may be eligible to
apply for a loan to cover certain operating costs. If the
funds from the loan are used in compliance with the Act then the loan,
including interest, may be forgiven if the Association qualifies under certain
aspects of the law. Feel free to contact our law firm for an
application and FAQ to see if you qualify.
Can
the Association continue to collect assessments? And should you?
Yes, on both
accounts. Without assessment income Associations are unable to provide
basic services to the owners and residents. We recommend that
Associations continue to aggressively pursue collection of assessments. A
strong collection strategy that begins when an account first becomes delinquent
will reduce the amount of bad debt in the long term. It will also help
owners who become delinquent to structure their income and debt so that they
can make payments or other arrangements to resolve it
quickly. Ensuring assessments are collected now will help insulate
the Association from any future pause in collection.However, if a person
requests relief from paying assessments, the Association can negotiate a
payment plan with them, however, the Board should document the actual hardship
and need before agreeing to a payment plan. Further, we do not
recommend that you proactively offer payment plans to all owners but rather
deal with each request on a case by case basis.
Are
short-term rentals (less than 30 days) permitted? What about long
term rentals (more than 30 days)?
As of March 28, 2020,
and continuing for at least 14 days, Governor DeSantis issued Executive Order
20-87 banning short-term rentals of less than 30 days. (There are
certain exclusions so you should check with your legal counsel.) The
ban applies to new bookings as well as any occupant whose rental period began
after March 28, 2020. We expect this order to be extended until at least
April 30, 2020. Enforcement of this ban is being handled by the
DBPR. In certain areas, such as Sanibel Island and Fort Myers Beach,
local Emergency Orders have been issued prohibiting ALL new rentals, including
short term (less than 30 days) and long term (more than 30
days). You should consult your legal counsel regarding local
emergency orders.
How does the Association timely complete its year-end financial report?
The
DBPR Emergency Order has suspended the deadline to comply with financial
reporting. A new deadline has not yet been established.
This is for
informational purposes only and is not intended to be specific legal advice for
a particular situation. Consult your governing documents and your
own legal counsel.
Dear Board President & Members of the Board of Directors
We are in the middle of an extraordinary health crisis in this country and throughout the world due to the global pandemic surrounding COVID-19. As this pandemic continues there are daily developments with event cancellations, travel restrictions, school closings and more. Industry Specialists, such as local law offices and the local and national chapters of Community Association Institute (CAI) are operating under modified procedures and have canceled educational seminars and meetings for the near future. We recognize that this pandemic has an impact on our local community associations and Cambridge Management is trying to anticipate and plan for the possible effects of this situation on our clients.
As your management team, we want you and the community members to know that we have systems in place to ensure continued management of your community and individual needs. Our offices remain open on a normal business schedule at this time. In the event we need to make changes, we will alert you as soon as possible. Please be reassured to know that our Managers and support staff have the ability to work remotely and we will do our best to ensure all tasks are completed timely and efficiently.
The situation remains very fluid and we encourage everyone to follow the latest guidance and updates from the Center for Disease Control and Prevention. It is important to recognize, however, that Cambridge Management and its’ employees are not health care professionals. The CDC and other qualified health officials should continue to be the primary source of current information and guidance. It is our goal to simply offer general, precautionary guidance from officials and adding some common-sense guidelines for our industry.
Below are steps that may be appropriate for your consideration:
Many Community Associations have decided to cancel or postpone Board of Directors and/or committee meetings, Annual meetings and social functions. We believe given the current circumstances, cancellations and postponements are a practical course of action. It will be up to each individual Board of Directors to determine if they wish to cancel meetings. It is important to note that the current closings of Libraries, municipal buildings and other meeting locations may directly affect your ability to hold a meeting if the meeting is at such a location.
Some Board of Directors are choosing to hold meetings via telephone conference which can be permitted under law (some restrictions and specific requirements may apply). Most attorneys have provided a guidance memorandum regarding these matters. However, as things are changing quickly there are sure to be further developments and recommendations. In many instances it may be appropriate to consult your legal counsel to ensure the Association acts within its’ authority.
Work with your designated management team to communicate with your membership often, explaining measures that are being taken in your community where applicable and providing resource information from the CDC and other local, state and federal health resources. With the large amount of media attention on the COVID-19, we would encourage our Board of Directors to simply direct owners and residents to the resources provided below for information and have the Association focus their communication with regard to this pandemic to only the ways in which the Community Association is directly affected.
For more information and resources, please visit the following links:
This is a unique situation for all of us. Therefore, patience, flexibility, common sense and a little creativity will go a long way. Please know that we are here to provide support to your community and all its residents. The Cambridge Management Team remains dedicated to providing exceptional service to all of our clients. We will continue to provide updates, as needed. If you have any questions, please feel free to reach out to your management team directly.
Cost is $15 pp to be paid by check only made out to Gwen Swanger. Place your check in the box outside Gwen’s door at 21835 Masters Cir. Payment deadline is March 25th.
CLICK HERE to see list of processed registrations. There can be several hours of delay between the submission of a reservation, and it appearing on the list.
A Pelican Sound ARC form must be submitted, please see details further below.
For those considering new fixtures, these should be installed prior to the painting of the homes, scheduled to begin in October of 2020. This will ensure proper paint coverage if the face plate of your new fixtures are a different shape than your current fixtures.
Garage Light Guidelines
You can purchase your light fixtures from any retailer as long as they meet the guidelines listed below.
Helpful hint: Make sure that the bottom of the new garage lights are at least 56″ off the ground.
Size: The entire fixture must be a minimum of 18 inches and a maximum of 25 inches. (Arrow indicates where to measure. From the tallest part of the fixture, to the bottom of the fixture.
Color: Black, bronze or brushed nickel.
Glass: Clear, seeded, wavy or frosted glass is acceptable. No colored glass.
Pelican Sound has an additional requirement: Replacement exterior garage light fixtures shall be in keeping with the Architectural integrity of Pelican Sound; it shall incorporate a maximum total of 9wLED, 850 lumen lamp(s).
Entryway Door Guidelines
The coordinating entryway light in the same color and group as the garage light fixtures.
Pelican Sound ARC Application
On the application, indicate the installer and light specifications. A picture, size and color of the fixtures is sufficient. Professional installation requires a licensed and insured electrician acceptable to Pelican Sound ARC.
For those installing fixtures themselves, the following ‘Acknowledgement of Responsibility’ form must be completed and forwarded with your ARC application. Please see downloadable file below.
On Thursday March 12, 2020 at 1:00 P.M., the Annual Meeting of the Masters Association will be held in the Sound Room.
As of the deadline for nominations to fill the expired terms (February 11, 2020) for the three open seats on the Masters Board, only three individuals filed.
As there are three candidates for the three open slots, those who filed will be defacto elected to the Board of Directors as of the Annual Meeting on March 12, 2020.
There will be no ballots sent out and no formal vote of the membership.
Immediately after the Annual Meeting, the seated Board will hold their Organizational Meeting to elect new officers.
The candidates filing for the 2020 Board are:
Bill Ellis – First year -Second term
Jim Swanger – First year -Second term
Pat Becker – First year- First term
We thank Pam Venosa out going Board member for her many hours of work spent on behalf of our community residents!
Please mark your calendars for our annual meeting date – March 12, 2020
