Send us a text

"Most people don't read the fine print until it's too late." This warning from Take It To The Board host, Donna DiMaggio-Berger sets the stage for a crucial conversation with guest and Becker shareholder James Robert Caves about common contract mistakes threatening community associations across Florida.

Drawing on decades of experience drafting, negotiating, and untangling problematic contracts, Donna and Rob reveal why the distinction between proposals and contracts matters, and how seemingly innocent "boilerplate" language can become a community's worst nightmare. The discussion exposes how vendors strategically include provisions that protect their interests while limiting their liability – often capping damages at the contract amount regardless of the severity of potential future harm.

Among the most dangerous contract provisions are those related to termination rights. Rob strongly advises against agreements that automatically renew and can only be terminated for cause, creating what he calls an "endless loop" where associations remain trapped in unsatisfactory and even dangerous relationships.

Their conversation tackles particularly problematic contract types – telecommunications agreements with decade-long terms, elevator maintenance contracts with right of first refusal clauses, and the emerging trend of non-competition provisions appearing in landscaping and pool maintenance agreements. Through real-world examples, including a $2,500 maintenance contract that resulted in $100,000 damage, Donna and Rob demonstrate why contract review priorities should be based on risk assessment rather than contract value.

Providing practical negotiation strategies while identifying must-have provisions you need inserted into your contracts, this episode delivers essential knowledge for board members and managers who want to protect their communities from costly contractual disasters.

Conversation Highlights:

• How boards can ensure the proper legal entity is signing a contract—and why that’s critical
• The difference between apparent authority and actual authority when directors or managers sign agreements
• Key clauses every vendor or service contract should include
• Termination clause traps and what to watch for
• Common red flags that pop up in community association contracts
• The enforceability of non-compete and non-solicitation clauses in vendor agreements
• What makes a contract “illusory” and how to avoid them
• A practical rule of thumb for deciding which contracts require attorney review—beyond just the dollar amount

Related Links:

• Article: Association Contracts
• Online Class: Condo/Co-op Board Certification Class
• Podcast: Mastering Construction Contracts: Essential Insights with Steve Lesser

Send us a text

It’s common knowledge that Florida is one of the hottest markets in the U.S. – whether you’re considering a personal lifestyle upgrade or a new environment for your business. But that influx of people and industry, coupled with the state’s numerous sunny days, is a recipe for an extreme heat event and can spell disaster for an unprepared infrastructure.

Host Donna DiMaggio Berger and featured guest Jane Gilbert – the world’s first Chief Heat Officer – explore the dangers posed by extreme heat in highly urbanized areas and discuss how municipalities around the world are collaborating on solutions to protect both present-day and future communities.

Highlights include:

• How Jane’s recent experience as a Chief Resiliency Officer prepared her to serve as the first-ever Chief Heat Officer and what this new role means for communities in Florida and beyond;
• Defining the ‘urban heat island’ and how the green street vision for Miami-Dade helps reduce this;
• Why awareness of the risk associated with extreme heat needs to be increased and whether naming heat waves would emphasize the importance of safety during rising temperatures;
• How community association boards can adjust governing documents to encourage energy efficient practices – green spaces, reflective roof surfaces, upgraded A/C units, indoor/outdoor lighting choices, building weatherization, etc.;
• Strategies when considering how to address the disproportionate impact of heat waves on already vulnerable communities, including seniors on fixed incomes, socio-economically disadvantaged, etc.;
• Expansion of existing directives to ensure evacuation shelters have adequate backup power for cooling in the event of a widespread outage;
• The connection between extreme heat and rising sea levels, and how Florida has integrated its climate action strategies to address both;
• How community associations, local businesses, and incoming corporations can collaborate with Jane’s office to identify ways to protect outdoor workers in the construction, tourism, trade & logistics, public safety industries; and so much more.

BONUS: Donna and Jane share a little about what to expect from the county’s three-year action plan, scheduled for release in May 2022 and recommend viewing the Miami-Dade County’s Extreme Heat Toolkit for ways you can stay safe in South Florida.

Send us a text

In an emergency, timing is everything. What if a resident collapses on the pickleball court, suspicious activity is spotted near your property, or a crisis unfolds when you least expect it? The traditional safety net of gates, guards, and cameras falls short without one critical element: immediate, reliable communication.

In this week’s episode of Take It To The Board, host Donna DiMaggio Berger talks with Geno Roefaro, the CEO of SaferWatch, a cutting-edge safety app transforming how residential communities respond to emergencies. Developed in the aftermath of national tragedies like the Pulse nightclub and Parkland School shootings, this innovative platform functions as a digital panic button connecting users directly to local law enforcement while simultaneously alerting the entire community as a disaster unfolds. Unlike group texts or emails that might go unnoticed, SaferWatch delivers unmistakable alerts demanding immediate attention.

Donna and Geno discuss the practical, legal and even emotional implications of using technology to enhance safety where it counts most-in our homes. Customizable for each community's needs, SaferWatch addresses everything from severe weather or medical emergencies to suspicious activities, providing not just immediate response capabilities but also valuable data management tools for tracking incidents and improving security measures over time.

If you're a board member, manager or resident concerned about community security, you won't want to miss this conversation

Conversation Highlights:

• Key differences between SaferWatch and consumer security apps like Ring and Nest
• Integrating SaferWatch with existing security infrastructure like cameras, gate systems, and smart building technologies
• What successful SaferWatch implementation looks like in a large residential building (e.g., 300 units)
• Addressing privacy and data protection concerns associated with the platform
• Personal inspiration behind SaferWatch, including the impact of the Parkland shooting
• How the app has evolved from use in large public venues to serving residential communities like condos and HOAs
• SaferWatch’s role beyond safety threats, including medical emergencies like cardiac events and drownings
• Strategies for balancing frequent alerts with preventing notification fatigue among residents
• Advice for associations exploring this type of technology, especially when dealing with skepticism or budget limitations

BONUS: Donna describes alligator sightings in her HOA community

Related Links:

• Resource: SaferWatch Website
• Podcast: Eyes Everywhere – Understanding Community Surveillance Options with Louis DiGioia of IC Real Time