LEGISLATION THROUGH COERCION

By Rafael Aquino

Published February 7, 2024  

 

The legislative proposals, HB1021 and SB1178, have ignited a meaningful conversation on improving operational transparency and accountability in community association management. These bills, highlighted in Eric Glazer, Esq.'s blog, target the timely return of association records upon the termination of management services. While agreeing that records must be promptly returned to ensure continuity and compliance, this discussion opens a broader opportunity for industry-wide reevaluation.

Acknowledging the problem Eric Glazer and legislators identified is crucial—delays or failures in returning association records significantly disrupt operations. However, focusing on punitive measures alone may not address the root causes of these delays. Contrary to the perspective that management companies have historically maneuvered to their advantage in Tallahassee, I advocate for a more constructive approach beyond penalties.

The digital transformation in our industry represents a commitment to greater efficiency, transparency, and accountability. Transitioning to digital record-keeping makes record transfer and access easier and reduces the risk of disputes over record retrieval post-termination. This proactive measure can address many concerns the new legislation aims to solve.

 Moreover, suggesting that management companies consistently benefit from legislative decisions oversimplifies the regulatory environment. Many firms operate with professionalism and integrity. Legislative efforts should encourage digital adoption and efficient management, extending beyond imposing fines.

I propose a collaborative approach involving legislators, community association managers, and legal professionals to:

  1. Promote digital record-keeping adoption across the industry, with incentives for early adopters.

  2. Develop guidelines for record transition, ensuring smooth handovers that benefit associations.

  3. Reconsider proposed penalties to ensure they are constructive, driving compliance through education and support rather than coercion.

Looking forward to the legislative session, engaging in dialogue prioritizing the industry's long-term effectiveness is crucial. While the focus may be on the timely return of records, the collective goal should be to elevate service standards across the industry through technology, transparency, and mutual respect.

In conclusion, while the intent behind HB1021 and SB1178 is commendable, a broader perspective is essential. This moment should serve as an impetus for positive change, setting a new standard for excellence in community associations. 


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As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community   associations   efficiently

and effectively with dedication and passion. Rafael’s energy and positive spirit is the foundation of Affinity Management Services’ company culture, which instills enthusiasm and excitement when providing expert advice to its board members and relieving the day-to-day burdens of running a community association.

 

Since 2007, Rafael has developed a work culture that values responsive and high-quality services. He has led his team by following a proactive vs reactive philosophy. The same approach Rafael instills in the day to day operations of each association. Today, Affinity Management Services maintains its success and benefits as a result of the foundation Rafael has built and continues to foster by providing educational seminars, continuing education classes for association managers and board members alike.


Rafael and his team help condominium and homeowners’ associations save money and improve their communities. His calm, personable, and service-oriented nature helps him to establish strong relationships with ease. Rafael is known as a sincere and honest leader who looks out for the best interests of his clients and communities, and he strongly advocates for their needs. His role requires coordination and communication, as such he takes logical and intelligent steps to approach challenges head-on.


As a graduate of Florida International University’s electrical engineering program and a licensed community association manager, Rafael’s education and skills equip him with unique insights to tackle complex problems through critical thinking. He understands how each component within a system works together in order to effectively arrive at solutions, techniques, and conclusions. Therefore, as he manages the multiple challenges of running a community association management company, he understands how each property is its own unique system and tailors’ specific services to assure that all their needs are met.

For more information about Rafael P. Aquino and Affinity Management Services please visit www.ManagedByAffinity.com or call 1-800-977-6279

Doral Office: 8200 NW 41st ST

Suite 200

Doral, FL 33166

Broward Office: 150 S Pine Island RD Suite 300

Plantation, FL 33324

O: 800-977-6279 ● F: 305-325-4053


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