Robert’s Rules of Order Are Not “The Law” For Association Meetings

By Joseph Adams on April 1st, 2015Posted in Meetings, Operations, Reader Q&A

    Question: Our condominium documents do not specifically mention any parliamentary rules or procedures that are to be used in conducting our meetings. Our president says that the meetings must be conducted pursuant to the “Florida sunshine laws.” Does Florida require that meetings be run pursuant to Robert’s Rules of Order, or some other parliamentary procedures?  R.P. (via e-mail)

Answer: The Florida Statutes do not require the use of any particular parliamentary procedures or rules. Further, there is a 1960 decision from Florida’s Second District Court of Appeal which holds that Robert’s Rules of Order is not binding or mandatory in corporate proceedings. However, the governing documents for many communities incorporate Robert’s Rules of Order as the applicable parliamentary guide for association meetings.

Robert’s Rules of Order can be very confusing, and is often misquoted. Helpful tips on using Robert’s Rules of Order, including handy charts, are available for free on the website of North Carolina attorney Jim Slaughter, at www.jimslaughter.com. Mr. Slaughter, a certified parliamentarian and immediate past president of the College of Community Association Lawyers, has also published helpful books on parliamentary procedure, including “The Complete Idiot’s Guide to Parliamentary Procedure” and “Notes and Comments on Robert’s Rules.”  These books are available in most online bookstores.

Regarding to reference to the “Florida sunshine laws,” there are specific rights property owners have at association meetings. All three community association statutes provide that owners have the right to attend board meetings and speak at board meetings with reference to all designated agenda items. Members are also entitled to “participate” in membership meetings.

Further, owners are also entitled tape record or video tape board or membership meetings. The statutes all provide that associations may adopt written reasonable rules governing frequency, duration and manner of owner statements at meetings, and may also regulate the taping of meetings by owners. I have found it a good idea to have such a set of guidelines.

We have an infestation...

We have an infestation here at Salisbury E and it's not termites... It's illegal occupants!
Our Association President has hired a well-known realtor to rent two of our empty condos: one has been vacant for 3-4 years when the owner moved back to Vancouver, and the other, the owner past away in Aug 2014. These new arrivals are given keys without investigations, etc. Our Association doesn't own these condos, the Banks do...
To add insult to injury, Wells Fargo bank and Bank of America, who both hold 50k delinquent mortgages, have not started legal procedures; WPRF Inc is also not pursuing legal action, and the Sheriff’s office tells us only banks can press charges...
How are these illegal occupants
a) getting past the gate?
b) hooking up to utilities?
c) moving about the village without official ID's?
How many other empty condos are being rented illegally around the Century Village? Are we to close our curtains and hope this problem goes away?
Mariel Lauzon, 116 Salisbury E, West Palm Beach, FL 33417, 561-317-7948

Sale of a condo

Hi to all,
A buyer has put in a bid for a condo and is in the process of purchasing a condo in our building. We would  like to know if there are any rules or documents available that requires the board or the real estate agent to post a notice  on the bulletin board for all residents to see. Also does a resident or the association have the first choice to buy that condo at the same price of the interested party. Thank you all.

Board elections

Can an owner who is in arrears in their maintenance payments run for a position of the condo board of directors?
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FS 718.112 among other things provides:

"A person who has been suspended or removed by the division under this chapter, or who is delinquent in the payment of any fee, fine, or special or regular assessment as provided in paragraph (n), is not eligible for board membership......"

Dave Israel
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Re: Annual Meeting

It's almost Annual Meeting time again. Memory is slowly fading... Can you tell me when to include Meeting Agenda: with 60 day notification or 14 day notification? Thank you for your invaluable help.

A VERY WORTHWHILE CLASS

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I am just back from attending the 3-hour class on condo rules and regulations given by Mark Friedman, attorney for Becker & Poliakoff, and it was excellent. Using the projector and movie screen, he taught us so much and made it interesting. Instead of answering questions as we went along, he had us jot down our questions during the lecture. These were collected at the end, and then he answered them. I was surprised how fast the time went. Those who attended will get a certificate, fulfilling the requirement
that as condo association officers they be familiar with condo laws.
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EVERYTHING YOU WANTED TO KNOW ABOUT CONDO LAW - By Mark D. Friedman, Esq.

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With this Post we introduce a new feature on the BLOG, Mark D. Friedman, a Senior Attorney with the Firm of Becker & Poliakoff, P.A. has consented to provide monthly articles on Condominium Law. As always, questions and comments may be entered in the Comment stream.

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Dave Israel

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Everything You Ever Wanted To Know About Condo Law But Were Afraid To Ask

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As many of you are aware, Becker & Poliakoff has been providing the Century Village community with Board Certification classes over the past few months. This blog is designed to expand upon the concepts covered during the three-hour Certification class and answer some of your additional questions.

I will attempt to pick topics which I believe are relevant to your community and to keep the explanations “user-friendly.” For those who enjoy knowing the statutory citations I will provide that information at the end of the article.

In addition to elaborating upon the topics from the recent Board Certification classes, I will also explain the new laws once the governor signs the bills presented to him. I will explain the impact, if any, of the new laws on your condominiums.

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Today’s topic: Board Meetings and the Snowbird

Many individuals come to South Florida from November through April and return to their northern homes for the summer and fall. These individuals, known as “snowbirds,” make up a large percentage of the condominium unit owners and condominium Boards of Directors in Palm Beach County, including in Century Village.

Florida law provides no residency requirement for seasonal residents. Therefore, even a “snowbird” can be a Board member. During the off-season, when many unit owners and Board members are away, the business of the condominium association must continue. The Condominium Act (Chapter 718, Florida Statutes), permits Board members who are unable to be physically present at the Board meeting, to attend the meeting by telephone conference. Board members attending by telephone conference may be counted toward obtaining a quorum and may vote by telephone.

The procedure for handling such a meeting is simple. A telephone speaker must be used so that the conversation of those board members attending by telephone may be heard by the board members attending in person as well as by any unit owners present at a meeting.

Even if all of the Board members are attending by speakerphone the meeting may be held by speakerphone. Notice of such a meeting must still be posted on a conspicuous location on the condominium property and there must be a location where interested unit owners may attend and listen to the meeting and participate.

Usually the property manager will set up the meeting and speaker phones in the absence of any Board members. The minutes of the meeting may reflect who is present in person and who is attending by telephone, although that designation is not entirely necessary as there is no difference in the vote.
The only reason that you might wish to reflect that information is to demonstrate that a quorum was present even though a quorum of the Board was not in Florida at the time the meeting was held.

[Section 718.112(2)(b)(5), Florida Statutes]

Mark D. Friedman, Esq. is a member of the Florida Bar and a Senior Attorney at the West Palm Beach office of Becker & Poliakoff, P.A.

You may e-mail Mr. Friedman at:

CondoLaw@becker-poliakoff.com

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FLORIDA CONDOMINIUM DEREGULATION BILL BEING PUSHED ALONG - CAN THE WILD, WILD WEST BE FAR BEHIND

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Hi all,
The following is a Summary Analysis of proposed HB 5005, it is strongly recommended that all read this and the detailed analysis that follows it:

REF: http://www.canfl.com/Documents/Staff%20Analysis_11_01.pdf

REF: http://www.condoandhoalawblog.com/2011/03/where-does-deregulation-bill-hb-5005-go.html

REF: http://www.ccfj.net/LEGSESS11ImpPartsPCB11-01.html

Dave Israel
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SUMMARY ANALYSIS

The bill repeals the regulation of the following professions, businesses and occupations:


• Athlete Agents
• Auctioneers and Auctioneer Apprentices
• Barbers
• Sellers of Business Opportunities
• Charitable Organizations
• Community Association Managers and Firms
• Condominiums, Cooperatives, Timeshares, and Mobile Home Parks
• Cosmetology Specialists, including Hair Braiders, Hair Wrappers, Body Wrappers, Manicurists, Pedicurists, and Nail Extensions.
• Dance Studios
• Employee Leasing Companies
• Professional Geologists
• Health Studios
• Home Inspectors
• Homeowners Associations
• Interior Designers
• Intrastate Movers
• landscape Architects
• Mold Related Services
• Motor Vehicle Repair Shops
• Sellers of Travel
• Surveyors and Mappers
• Talent Agents
• Telemarketing
• Yacht and Ship Brokers


It also repeals regulations relating to:


• Transportation access to outdoor theaters
• Rooming houses
• Sales representative contracts involving commissions
• Television tube labeling
• Water vending machines


The bill also eliminates the Division of Condominiums, Timeshares, and Mobile Homes as well as five professional boards.


The bill has a negative fiscal impact on state trust funds, with a corresponding reduction in expenditures. The bill has a positive fiscal impact on the private sector. See fiscal comments.


The bill has an effective date of July 1, 2011, unless otherwise noted.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. STORAGE NAME: pcb01.BCAS
OATE: 3/14/2011

MAY AN LCAM SERVE ON YOUR BOARD

Hi all,
Well, we actually have a serious discussion item to chew on. Following are a number of extracts from State Law, which suggest to this researcher, that if you have a "compensated person" on your Board, he or she should be a Licensed Community Association Manager. So, I would opine that a LCAM may indeed serve on your Board. You read the following and see what you think.
Dave Israel
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(d) Unit owner meetings.--  From FS-718



1. There shall be an annual meeting of the unit owners. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. If there is no provision in the bylaws for terms of the members of the board, the terms of all members of the board shall expire upon the election of their successors at the annual meeting. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. A person who has been convicted of any felony by any court of record in the United States and who has not had his or her right to vote restored pursuant to law in the jurisdiction of his or her residence is not eligible for board membership. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.

The extract above would suggest that a Board member must be a unit owner.
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3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election

This extract introduces the concept of an "eligible" person other than a unit owner; there is a minor problem, as the term "eligible person" does not seem to be well defined in the Statute.   One more step to go!!!
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Unless otherwise provided in the bylaws of the association, the members of the board shall serve without compensation. However, if compensated, a board member may require licensure as a community association manager pursuant to Chapter 468, Florida Statutes.


Condominium: Section 718.112(2)(a) 1., F.S.


Cooperative: Section 719.106(1)(a) 1., F.S.

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Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule in the land.

Dave Israel

MAINTENANCE CHECKLIST QUESTION

If an association board agrees to proceed with the Checklist idea, and an owner is unwilling to have someone come in and do this (even if supervised by a board member), can the association legally force the owner to comply? Would it require that the association have this added to the bylaws first? Let’s suppose such an amendment to the bylaws were passed by a majority vote, and two or three owners still refused to let someone in to start the Checklist procedure—what then?

I’m not asking a hypothetical question. I have already, in a letter to our owners, broached the subject of implementing the Checklist procedure and had one owner tell me he doesn’t want anyone snooping around his apartment. Fortunately, his apartment has been upgraded re the plumbing and electric, I am quite sure, but (1) we would not have 100% compliance without his participation, and (2) I expect two or three others will also object.

Does it really make sense to pursue this legally and try to force the issue for the benefits we might gain? It seems to me this could open quite a can of worms, not to mention alienate owners, if it is compulsory, not voluntary. Harmony within an association is a pretty important commodity, I think—not at any price, but is it worth sacrificing over this issue?
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Your BLOGMEISTER replies:

The law, FS 718, is specific:

Section 718.111(5) RIGHT OF ACCESS TO UNITS.—The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units.

BECKER & POLIAKOFF TO EXPLAIN CHANGES IN CONDO LAW

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Dave Israel

ADA Amendments Act (2008)

The CV Blog is a wonderful vehicle which could be used for, among other purposes, education relating to condominium operation and management. As I sift through important and relevant issues, I will share them with you instead of simply gaining knowledge because I enjoy doing so.

The ADA Amendments Act of 2008 (effective January 1st, 2009) makes significant strides in regard to the change in interpretation of important definitions relating to disabilities. These revised and enhanced definitions also effect the interpretation of the Fair Housing Act, which is of greater concern to residents and boards of Century Village as it relates to housing and reasonable accommodations. A few Supreme Court decisions in the past decade have slowly eroded the protections for the disabled, which runs contrary to the original intention of Congress. These decisions were based on the Court’s interpretation of who was considered “disabled,” and was considered too restrictive and not in keeping with the spirit of the ADA. Since Florida Statutes mimic the Federal guidelines, lets start with statute.

Chapter 760.20-760.37 Florida Statutes is the Fair Housing Act. The term “handicap” used in Florida Statutes is equivalent to the term “disability” and therefore, the changes in the interpretation of what constitutes a disability through the ADA Amendments Act, also applies to handicapped persons.
760.22 (7) “Handicap” means:

(a) A person has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment; or

(b) A person has a developmental disability as defined in s. 393.063

The “ADA Amendments Act of 2008” revises the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. The amended language also states that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies and supplies (other then eyeglasses and contact lenses) have no bearing in determining whether a disability qualifies under the law. Changes by the Act also clarify coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post traumatic stress disorder. This Act states that Congress rejects the notion that to be substantially limited in performing a major life activity under the ADA "an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives” and conveys that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis.

Under 760.23(9) F.S. it is unlawful to discriminate in housing based on a disability (among other protected classes) by:

(a) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

Ombudsman Meeting

There is an Ombudsman Meeting on Thursday 28th. Does anyone know what time it starts?

New Roof

Our building is planning to replace our roof in the near future. The expenditure will run between 80,000-100,000. We have the money in our reserve so that is not an issue. I would like to know does the board have the authority to vote to replace our roof or does it have to go to the entire association for a vote due to the amount of the expenditure involved.

AMENDMENT 4

In Tamarac, corruption lives in backyardhttp://www.ccfj.net/HTDTamaraccorruption.htm

Dear CV Condo Owners:

Amendment 4 has nothing to do with party line or what others recommend. It's your decision -- and your decision alone. We all know full well that we are unable to stop commissioners from voting in favor of changing the comprehensive land use plan -- if the developers put enough money in their campaign account or in the doggie bag at lunch.

It so happened in Tamarac -- and even if you can later prove that the commission vote was rigged, the damage is done and the high-rise is being built on the former golf curse next to you!
Wave bye-bye to your nice neighborhood and your property values.

This can happen to all of us if we don't vote YES ON AMENDMENT 4. Don't believe all the lies and misleading statements you hear from the paid mouthpieces of the backroom fat cats -- also known as developers. All their claims lack facts -- they just don't want us to have a vote on decisions regarding changes to our neighborhood. They don't want us to have a seat at the table, so they can continue their backroom dealings and pay off willing commissioners.
This is what happened to the folks in Tamarac, who complained to the commission without success. One commissioner is in jail, but the damage is done. And it can easily happen to you!

"Erstwhile golf course homes now border an unkempt scrubland with white plastic sewer connections jutting out of the weeds. "Now we have half a construction site and half a swamp,'' says Chris (who didn't want his last name published), Cole's neighbor. "We used to spend all our time outside. Now we never go out. It drives us crazy.''

Barbara Cole figures her house, once worth nearly $300,000, might bring $78,000. Another neighbor offers a similar lament. "This has ruined my retirement,'' he says.
An investment company bought the Chaits property last week. But most of the homeowners along the remnants of the golf courses know they've got months, maybe years more with an unobstructed view of corruption."

I can assure you, all the folks who now tell you to Vote No on 4 will be nowhere to be seen once it happens to you or your neighborhood. All you have to do if Amendment 4 passes is voting at the next upcoming election (no special election) on the change of plans, approved by the regular entities -- just as it's done now. Only in the end you have the right to vote down the amended plan that would change your neighborhood -- if you don't like it. We property owners pay for most of the cost of the new development, don't we deserve a vote in destroying our neighborhood?

DO YOU WANT THIS TO HAPPEN TO YOU AS WELL?

IF NOT, PLEASE VOTE YES ON AMENDMENT 4!

FLORIDA CONDOMINIUM ELECTION PROCEDURES

Hi all,

Thanks to our own Randall Borchardt an excellent Working Aid is now live in Cyberspace. The compilation of Law and Administrative Code is very timely, as our Association elections approach rapidly.

The Working Aid is to be found by clicking on the link title in the sidebar:

CONDO. ASSOCIATION ELECTION PROCEDURES

or click on the following URL:

http://cvbitbucket.blogspot.com/2010/10/condominium-association-election.html


Getting your elections done correctly is very important, so please give the Working Aid a careful read.

Dave Israel
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BANKS PUT BRAKES ON FORECLOSURES - ADDING INSULT TO INJURY

CALL Alert for October 13, 2010 - Banks Putting Hold on Foreclosures in Florida
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Dear David Israel:
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The following blog post, written by Becker & Poliakoff attorney Kevin Miller, the head of the Firm’s Collections and Foreclosures department, appeared recently in the Florida Condo & HOA Law Blog,

http://www.floridacondohoalawblog.com/

It addresses the current decision by banks to put foreclosures on hold in Florida:


You may have heard that several major lending institutions, including Bank of America, GMAC and JP Morgan Chase, are putting foreclosures on hold in Florida. Our Attorney General joined other states to investigate mortgage foreclosures throughout the country. We expect other lenders and mortgage servicing companies to make similar announcements in the near future.


Why? Well recent news reports that the people signing thousands of affidavits in court proceedings did so without verifying ownership of the loan and the amounts due. They reportedly did not review original documentation or have any personal knowledge of the facts alleged in the affidavits. Some representatives have reportedly signed 8,000 to 10,000 affidavits a month. The lenders and/or mortgage servicers need to review and assess whether these foreclosures and filings comply with state laws.


Although it is uncertain how much delay these current reviews will add to the foreclosure process, most experts believe it is only delaying the inevitable. We believe it will take thirty to sixty days for the companies to perform an internal review. This is not good news for Florida's community associations. Various research outlets currently list the average length of the foreclosure process in Florida between 14 and 17 months. Some foreclosures are taking much longer.

Community associations must recognize their rights as a party in these actions. Community leaders cannot sit back and wait for the banks to figure out what they are going to do next. The Florida Rules of Civil Procedure govern these cases in litigation - the banks (and bank attorneys) have to follow the rules and if they do not, they can be made to suffer the consequences. Courts have imposed significant sanctions against banks and their law firms for failing to abide by court orders regarding the prosecution of foreclosure cases.


Certainly, the overwhelming number of foreclosures filed in Florida is challenging the resources of the courts, but boards that wait and simply ride out the storm can lose out on valuable rights (and dollars) for their communities. There are alternatives to simply waiting out the bank foreclosure which, if successful, can help move the process along. However, these alternatives must evaluated on a case by case basis and in consultation with your association's counsel.


If you have any questions about how this new development affects


your association’s collections and foreclosure cases, you should call us to discuss, as there is no “one size fits all” approach.


Very Truly Yours,


Yeline Goin and David Muller, Co-Executive Directors


Community Association Leadership Lobby (CALL)

Becker & Poliakoff Webinar on new Condo Laws

Hi All,
Please click on the following link to view B&P Webinar on Changes in the law effective 1 July, 2010:

http://www.legal-webinars.com/webinars/20100521/OPEN_ME.HTM

Dave Israel
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CHANGES TO FS718

Who can tell us the changes to FS718 and who they will affect us in CV.

HARD SURFACE FLOORS NOISE ABATEMENT

Hi all,
In another thread, there is an interesting string of statements as regards the requirement for noise reducing underlayment in Florida. The following may prove instructive:
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Sound damping underlayment, a simple matter of the Florida Building Code. If that is not good enough, simply build it into your Bylaws.


REF: The following is extracted from the Florida Building Code:

REF: http://www.floridabuilding.org/BCISold/bc/default.asp


SECTION 1207 SOUND TRANSMISSION

1207.1 Scope. This section shall apply to common interior walls, partitions and floor/ceiling assemblies between adjacent dwelling units or between dwelling units and adjacent public areas such as halls, corridors, stairs or service areas.

1207.2 Air-borne sound. Walls, partitions and floor/ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC) of not less than 50 (45 if field tested) for air-borne noise when tested in accordance with ASTM E 90. Penetrations or openings in construction assemblies for piping; electrical devices; recessed cabinets; bathtubs; soffits; or heating, ventilating or exhaust ducts shall be sealed, lined, insulated or otherwise treated to maintain the required ratings. This requirement shall not apply to dwelling unit entrance doors; however, such doors shall be tight fitting to the frame and sill.

1207.3 Structure-borne sound. Floor/ceiling assemblies between dwelling units or between a dwelling unit and a public or service area within the structure shall have an impact insulation class (IIC) rating of not less than 50 (45 if field tested) when tested in accordance with ASTM E 492.
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For those who desire a bit of Technical explanation of the ratings noted in the Code, the following is provided.
REF: http://continuingeducation.construction.com/article.php?L=111&C=409&P=2

There are two types of ratings used for sound control: Sound Transmission Class (STC), which measures airborne sound, such as speaking, music, etc.; and Impact Insulation Class (IIC), which measures impact sound, such as that from people walking, moving chairs, dropping objects and the like. The current International Building Code requires a minimum IIC rating of 50 for both, and 45 if field-tested.


Sound Transmission Class (STC). Sound transmission class is a number rating of how well a building partition—wall, ceiling, floor, door—blocks airborne sound. For interior walls, STC values are derived from ASTM E 90, “Standard Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions.” ASTM E 90 measures a partition’s ability to reduce the transmission of airborne sound at 16 frequencies between 125 Hz and 4,000 Hz, the frequency range of speech.


Following are some generally accepted facts about STC ratings.


• Loud speech can be understood fairly well through an STC 30 wall but should not be audible through an STC 60 wall.


• An STC of 50 is a common building standard and blocks approximately 50 dB from transmitting through the partition. But STC 50 is not enough to stop loud music from a neighbor’s stereo which can exceed 100 dB. Although an STC 50-rated assembly will satisfy the building code requirement, residents may still be aware of, if not understand, loud speech from an adjacent apartment.


• STC 55 or STC 60 should be specified in sensitive areas where sound transmission is a concern. At STC 55, extremely loud sounds such as loud music from a neighbor’s stereo will heard so faintly that the vast majority of the population will not be disturbed.


• Luxury accommodations are considered to require more stringent design goals of as much as STC 60. At STC 60 and above, considered the ultimate in soundproofing, most sounds will not be audible. Walls rated STC 65 and above are generally reserved for ultra-luxury hotels and multi-family structures or purpose-built home theaters.


The only thing is, there are inherent weaknesses in the STC rating system. STC ratings are heavily weighted toward speech frequencies, and are less accurate for a partition’s ability to block low frequency noise, such as the bass in music, mechanical equipment noise, transportation noise or other sound with low-frequency energy below 125 Hz. STC ratings also represent testing in optimum laboratory conditions, and are rarely achieved in real world situations. The difference between Laboratory and field STC ratings stem from a structure’s flanking paths—the small holes, roof voids, even windows and doors which decrease a wall’s acoustic insulation. Consequently, the Field Sound Transmission Class or ''FSTC'' can be five to ten points lower than the laboratory STC. Yet regardless of what STC is selected, it is critical to control and seal all air-gaps and penetrations. Failure to do so can degrade the sound blocking capability of an assembly.


Impact Isolation Class (IIC).As STC ratings refer to airborne noise, IIC ratings target structure borne noise. The term IIC refers to a measure of isolation effectiveness of building structures from impact noises such as slammed doors, footsteps, dropped articles, etc. in a multi-family building. Impact noises can be transmitted through walls, floors, and ceilings throughout a building and re-radiated at distant locations. The higher the IIC rating, the better the isolation. IIC is measured and stated in accordance with ASTM Standard numbers C634 and E989 and tested via the methodology of ASTM Test Method E492. Generally speaking, IIC values are not heavily influenced by the extent of solid mass in the structure, but are usually dependent on the presence of some sort of resilient material in the assembly that can isolate and absorb the energy created by impacts.


Hopefully this will put an end to the questions and controversy on this issue.


Dave Israel