IDENTIFICATION DILEMMA

By Darlys Walker

Published January 15, 2014

There is always confusion over what is considered a “material change”. Eric’s advice of “All Boards should be careful and get the advice of counsel BEFORE making the change”, is the best action the Board can receive. Our firm recently assumed Management of a large community in North Florida. The Developer neglected to build a space for a site manager. This oversight happened frequently during the Condo boom. Clearly with 400 units, an onsite manager is a necessity. The Board of Directors decided to partition off a corner of the clubroom, an area of 6x6, so that the onsite Manager had a functional space to work. Doing this, did not prevent the owners from using the clubroom so the Board felt it was not a “material change” and simply reidentified a small portion of the clubroom to allow for a higher level of service to the Homeowners. 

The Board was very cautious in their spending and ensured that the partitioning was attractive, As you can guess, a small group of Homeowners became enraged and after many volatile meetings and numerous emails the Board had the partitions removed. The LCAM currently works out of a closet. 

There appears to be conflicting legal opinion as to whether or not this was a “material change” or simply a “reidentification of a small area”?  Unfortunately, the Board acted before getting legal advice and did not seek the advice before removing the area either. What do you think the Board should have done differently?

Darlys Walker, Founder and CEO of Condominium Concepts Management, Inc. (CCM), is recognized for her straight talk, subject matter expertise, and valued insights regarding real

state management, leasing, and HOAs. Her company serves a diverse portfolio of properties, from 16-units up to 600 as well as large mixed-use developments.  

   From its beginnings in 2000, CCM has become a well-respected asset manager and now works with over 100 associations with 16,000 units served by over 300 employees. Darlys and her team deliver resources and responsiveness through six regional offices - in Orlando, Miami, Jacksonville, Charleston, Nashville and Atlanta.

   Darlys Walker is best known for her passion and precision, understanding that the only difference that matters in today's demanding marketplace is service delivery ... doing what is promised and what is right. She knows that every community serves two masters ... the property owner/developer and the resident/homeowner. "If we are not equally responsive to both, we are not doing our job," she states.  

   Her clients say it best: "Darlys really knows her stuff" ... "at the top of her profession and it shows in the caliber of her clients" ... "delivers quality resources that match up well with needs and expectations that are really rigorous."  

   She is a licensed Real Estate Broker in four states, holds an Associate's Degree in Marketing and has earned the Accredited Real Estate Manager designation from the Georgia Institute of Real Estate Management. Also she is one of few certified as a Lead-Based Paint Abatement & Removal Trainer in Georgia.

   Darlys Walker and her team have been selected to manage the condominium conversion process and day-to-day operations for many of the Southeast's most high-profile condominium communities including luxury high-rises, mid-rises and garden-style homes. Most recently she has been recognized as an expert in 're-versions' of communities from condominiums to leased homes, as well as repositioning projects. A visionary and a tireless perfectionist, Darlys demonstrates hands-on leadership, working individually with each client and staff associate to achieve defined business outcomes and satisfaction.  

  For more information about Darlys Walker and Condominium Concepts Management, Inc. please visit www.condominiumconcepts.com.

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