Frequently asked questions...

  • These are questions that we are frequently asked.

  • If you have a question that you don't see answered here, please contact us!

  • Questions provided by community residents.

  • CDD answers provided by Brian Lamb, CEO, District Management Services, LLC.

  

  

  

 

Q  How does a CDD assure our funds and projects are managed properly?

 

A  Professional Management is obligated to operate within an approved budget.  As a public entity, all meetings and records are open to the public.   It is the duty of the Board of Supervisors to provide policy direction to management and demand accountability.

 

Q  How does a CDD assure our funds and projects are managed properly?

 

A  Professional Management is obligated to operate within an approved budget.  As a public entity, all meetings and records are open to the public.   It is the duty of the Board of Supervisors to provide policy direction to management and demand accountability. 

 

Q  How are the residents assured of accountability? 

A  Florida Statutes require audits and competitive bid practices in the same manner as municipalities and other government entities.  Supervisors are elected officials and serve at the will of the voters. 

 

Q  Why live in a CDD community verses a non-CDD community? 

A  The CDD community has the benefit of full collection of assessments from all properties within the District because the assessments are collected on the County Tax Roll.  In a well managed CDD, landscaping, water management, and recreational facilities are generally maintained at or above the level that existed when the community was new.  Developers of CDD communities often construct amenities earlier in the development phase of the community.  These community assets are generally of a higher standard as they have been funded through the sale of Tax-Exempt Bonds, which can only be used for qualified construction expenses. Additionally, the expense for these amenities is spread over a 20 or 30 yr period, thereby making more amenities available to a community from the onset. 

 

Q  How does the CDD work in favor of the residents needs versus the developers? 

A  Infrastructure costs for homes not within a CDD community are included in the overall cost of the home which causes the homeowner to pay property taxes on the higher purchase price of the home.  CDD home prices do not include the cost of the infrastructure which is often passed on through a bond obligation which allows that value to escape property taxation.  Developers do get the advantage of lower financing rates, savings on sales tax for materials and deferring the full up-front investment for the infrastructure.  There is no doubt that benefits are achieved from the CDD process, and the question of who benefits the most is a matter of how the savings are distributed between higher quality amenities, lower priced housing and developer profits. 

 

Q  What value, do I as a resident, get from my CDD for the cost? 

A  As a resident, you have assurances that all other residents will pay their share of the costs for operations and therefore can depend on full participation to support a dependable and reliable maintenance program.  The CDD has the ability to purchase materials without being charged for sales tax.  The CDD has the ability to borrow money at lower interest rates.  The CDD has the benefit of “sovereign immunity” which protects the members of the community from unlimited liability.  Drainage, water management, and other mandatory obligations are maintained efficiently when competitive pricing and professional management is utilized. 

 

Q  How long is the CDD going to be in place?  

A  Even though capital improvement bond debt service does not exceed thirty years, the maintenance obligations continue indefinitely because the District holds title to the common elements in the community. 

 

Q  What is the upfront value of a CDD to a community? 

A  The CDD can offer the residents a broad range of services and amenities.  A CDD provides peace on mind knowing that funds will be available to prevent the community from decline which had traditionally occurred in many Florida neighborhoods that relied solely on County governments and homeowners associations to make the necessary investments in the community when the original shine began to wear off.  

 

Q  What's the difference between communities that have a CDD for amenities versus a community that is run with an HOA? 

A  In addition to the benefit of sovereign immunity which protects residents from liability issues which could occur in the operation of amenity centers and on District facilities and land, the decision making authority vested to a Board of Supervisors who must deliberate in full open meetings with recordkeeping requirements is a big advantage.  Elections integrated into the county elections booths provide the most democratic process and allow for maximum participation by the residents in selecting the Board of Supervisors.  There is no need for collections activities as all assessments are paid annually and formal budget hearings are held to insure public input before the budget is adopted. 

  

Q  Are there any advantages or benefits that a CDD can offer over an HOA? 

A  HOA boards generally exist even in CDD communities.  While the HOA is the only entity that can enforce deed restrictions such as architectural guidelines, landscaping rules and other aesthetic private property issues, CDDs are generally better able to administer maintenance to common areas of the community for the reasons previously mentioned.  In the absence of a CDD, HOA fees must include water management, landscaping, staffing and administrative expenses including insurance, repairs, maintenance, improvements, facility security and recreational programs.  HOA fees are generally much lower in CDD communities where the common area management is handled by the CDD.   

 

Q  What are the basic duties that can be expected from the CDD, and where is this in writing?  

A  Chapter 190 of the Florida Statutes outlines the parameters in which a CDD functions.  The establishment ordinance passed by the local governing body (County or City) acts as a charter for the CDD and identifies its duties.  From a practical standpoint, the construction, operation and maintenance of community assets requires; budgeting, solicitation of lowest competent bids, managing contracts, supervising staff, directing professional engineering and legal services as needed to comply with state and federal regulations, resident services, providing financial statements and protecting and preserving the District’s assets.  There should be an approved set of rules for each community which outlines duties and procedures which the District must follow.  Beyond that, the budget establishes the financial plan and outlines the expected efforts for each fiscal year.  CDD Board members should be able to attend all meetings, review agendas and participate as an active member in all deliberations of the Board.

 

* Answers to above CDD questions provided by:

Brian Lamb
Chief Executive Officer - District Management Services, LLC - d/b/a DMS
2002 North Lois Avenue - Suite 507 - Tampa, Florida 33607-2393
Phone: (813) 873-7300 x304    Fax: (813) 873-7070   blamb@dms-us.com