Comments: Comments Off on The New Order: Broward County Emergency Order 21-01
Since March 2020, Florida’s Governor has issued a series of Emergency Orders designed to curb the spread of COVID-19, including Emergency Orders prohibiting certain
establishments from operating and imposing regulations on those establishments that were allowed to operate;
Comments: Comments Off on Slow Your Roll: How to Address Speeding Issues in Your Association
Speeding is a big problem for many community associations — a problem that is not always easily addressed or corrected. How can your board slow the speed of traffic in your community?
If your association does not currently have traffic rules, you may be able to rely on a nuisance provision in your Declaration. Alternatively, if your board has the authority to adopt rules and regulations regarding the common areas, the board can adopt traffic rules at a duly noticed board meeting. To enforce the rules, the association has a variety of enforcement tools available, including sending warning letters, notices of violation, fining, suspension of use rights, or further legal action.
Fining is the most common “enforcement tool” that is utilized to curb speeding, for associations who monitor speeding. Fining is most effective when pursued against owners/residents in the community. It is more difficult for an association to pursue fines against visitors, guests, invitees, or contractors who speed. So, for the most part, most associations that pursue fines for speeding opt to only pursue fines against owners/residents who speed. Anytime an association intends to fine an owner or resident, the process and procedures for fining must comply with the statute. Therefore, it would require the board to establish a fining committee (if your community does not already have a committee in place). Notice must be provided to the owner or resident of the violation and the owner or resident must be provided with an opportunity to be heard in front of a fining committee.
For those communities who do not want to impose fines, there are a variety of other enforcement tools available, including sending warning letters, notices of violation, suspension of use rights, or further legal action (such as seeking injunctive relief). When it comes to either fining or the suspension of use rights the association must follow the statutory procedure described above. An additional method of enforcement would be through an agreement with the county which would authorize a local law enforcement agency to enforce state traffic laws on the association’s private roads. Section 316.006, Florida Statutes, authorizes local law enforcement agencies to enforce state traffic laws on the private roads of associations pursuant to an agreement between the association and law enforcement. It requires a majority vote of the board of directors of a homeowners’ association to elect to have state traffic laws enforced by local law enforcement agencies on private roads that are controlled by the association.
There are other practical concerns with regard to enforcement against speeders, most notably, evidence of speeding. How can your board of directors “prove” that a vehicle is speeding? Depending on the speed of the vehicle, it could be established simply by the testimony of the person who saw the car speeding. Some communities have purchased equipment that monitors speed and that can also take photos or videos of the speeding vehicle. If your community is considering purchasing a speed gun, it should be noted that there is an administrative rule that deals with “speed measuring devices”. This rule provides that evidence of the speed of a vehicle measured by a radar speed measuring device is inadmissible in “any proceeding with respect to an alleged violation of provisions of law regulating lawful speed of vehicles” unless such evidence of speed is obtained by a law enforcement officer who meets certain requirements, including the satisfactory completion of certain training courses. The rule also requires a visual determination that the vehicle was speeding and a written citation based on evidence obtained from an approved speed measure device. Also, the particular speed measuring device must meet specifications and must be tested in accordance with other procedural rules related to the testing of speed measuring devices.
Slowing traffic helps promote a more relaxed residential environment and as you can see there are various options available. An association need not choose one however to the exclusion of all others. The key is be consistent and properly apply the various options chosen.
Jennifer Horan focuses her practice on all aspects of condominium and homeowners’ association law. She has over 12 years of community association law and general litigation experience. In addition to practicing law with a number of Florida-based firms, Jennifer also spent time as a Senior Attorney with the State of Florida Department of Health. Here, day-to-day legal services were provided to seven county health departments and children’s medical services. State contracts were drafted, reviewed and approved while she oversaw and directed EEOC investigations. Prior to her legal career, she acted as the Head of Special Education at Richardson Independent Schools in Dallas, Texas.
Comments: Comments Off on GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS! March 18th – 6:00 p.m.
GET BOARD CERTIFIED AND FULFILL YOUR 2021 LEGAL UPDATE CREDITS!
March 18th – 6:00 p.m.
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Managers: Our Course is now approved for Three 2021 Legal Update Credits.
Course Number: 9630640
CONDO AND HOA EDUCATION IS BACK! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
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GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
Comments: Comments Off on Widespread immunization is key to ending the coronavirus pandemic, but a significant number of Americans are reluctant to get their vaccines because of financial worries, despite the fact that it’s free to every American
Money worries are holding Americans back from getting the vaccine
Widespread immunization is key to ending the coronavirus pandemic, but a significant number of Americans are reluctant to get their vaccines because of financial worries — especially people of color.
More than a third of adults are concerned about having to pay out of pocket for the vaccine, despite the fact that it’s free to every American, according to a recent survey from the Kaiser Family Foundation. Additionally, a third are worried about missing work if the side effects make them sick, while 1 in 6 are concerned about having to take time off to get the vaccine.
“If you’re a low-wage worker, you’re far less likely to have access to paid sick days,” Elise Gould, senior economist at the Economic Policy Institute (EPI), told Yahoo Money. “So that simple fact of getting to a vaccine site, spending the time there, doing it again, and then potentially having side effects could make economically fragile families pass.”
“It’s very much of an issue,” she added.
‘Definitely a role for employers to play here’
The addition of Johnson & Johnson’s vaccine is crucial in addressing some of the vaccine hesitancy. Because it’s only one dose, workers don’t have to worry about missing extra days of work.
“The Pfizer and Moderna vaccines were the two that were available first to people in this country and both require two doses,” said Maura Calsyn, acting vice president for health policy at the Center for American Progress. “That’s two days potentially of missing work, two days potentially of having some side effects. With the J&J vaccine being authorized by the FDA, that’s really important because it’s one dose so that halves the concern potentially.”
There are no federal requirements for paid sick leave. However, eight states and the District of Columbia have enacted their own statewide paid family and medical leave laws. Some companies, like Trader Joe’s and Dollar General, have offered their employees paid time off to get their vaccines, but this isn’t the case for every business across the country.
“There’s definitely a role for employers to play here, which is making it clear to their employees that they want them to get vaccinated and having policies at work that say you can take paid time off to get the vaccine but if you get sick from the side effects of the vaccine, you can take time off,” Liz Hamel, vice president at the Kaiser Family Foundation, told Yahoo Money.
This is especially important for hourly workers, who are often low income and lose pay if they take any time off, along with essential workers, Gould said.
“It’s definitely not a negligible hurdle,” Gould said.
Research has found that people of color represent a disproportionate amount of essential workers, and they also account for a large amount of deaths from COVID-19.
And while 34% of those unvaccinated are worried about missing work because of vaccine side effects, that number is even higher among Black and Hispanic adults at 49%. And 45% of them are concerned about having to pay for the vaccine.
“It’s particularly important to address some of those concerns and information needs for those populations if we want to get to a more equitable outcome in terms of who’s getting the vaccine,” Hamel said.
According to Calsyn, the most important factor is vaccine education, specifically ensuring that people understand they don’t have to pay for the vaccine and making sure they understand that side effects should not be a deterrent. But paid sick leave and providing more vaccine locations near people’s work are key, especially for those in communities most vulnerable to the COVID-19.
“It’s emblematic of inequities across the health care system,” Calsyn told Yahoo Money. “I hope that there’s some additional flexibility on when you can get the vaccine, hopefully as supply increases, more appointments available for people, and mobile clinics and the retail pharmacy program.”
Adriana Belmonte is a reporter and editor covering politics and health care policy for Yahoo Finance.
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Comments: Comments Off on Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution. “Ask Mr. Condo” Bob Gourley
Condos and HOAs who are forced to collect on delinquent accounts must consider the proper and most important ETHICAL solution.
by Axela’s “Ask Mr. Condo” Bob Gourley
Why Ethical Collections Really Matters for HOAs and Condominium Associations
What happens if 5% or more of the members of a condominium association or HOA don’t make timely payments to the association as expected? What if one or more homeowners stops contributing altogether? How can condominium associations and HOAs protect themselves while not playing the role of the villain in the eyes of the delinquent homeowners? Here is the argument in favor of ethical collections.
No one can question the need for a condominium association or HOA to act against delinquent owners within their association. After all, successful collection and distribution of common fees and assessments are the only way a condominium association or HOA can survive. Budgets are prepared annually. On one side of the budget are all of the known and anticipated expenses, contributions to Reserve Funds, and other expenses the association will face in the upcoming year. On the other side of the budget are the income items to pay for those expenses, namely the anticipated income from common fees and assessments from individual homeowner and unit owners within the association. A balanced budget can only be maintained if both sides of the equation are accurate.
Condominium associations and HOAs are typically not-for-profit businesses. The governing documents that create the bond between the unit owner and the association usually give the association serious clout when it comes to collecting common fees and assessments in a timely manner. Additionally, many associations engage an attorney to assist them in contract negotiation, interpretation and modification of governance documents, and much more. It’s not surprising, then, that many condominium associations and HOAs simply turn to their attorney when it comes to matters of collection of delinquent common fees and assessments. But boards should be asking themselves, is that wise? Is that in the best interest of the association or the delinquent homeowner? Is it the best way to protect the association’s assets and actually collect the money it is owed? Is it ethical?
There are several reasons that a condominium or homeowner can become delinquent. The simplest reason is that they simply don’t have enough money to pay all of their bills. Credit card bills, utility bills, car payments, and even the mortgage all need to be paid. There are perceived repercussions from missing any of these payments, including having utilities turned off, a car repossessed, or a foreclosure action from missed mortgage payments. For these reasons, a person who is short of cash might make the decision to defer or miss payments on their common fees or assessments for the simple reason there doesn’t appear to be any repercussions from doing so. It is a mistaken notion that is all too common. Other reasons include an owner’s death or severe illness, a lack of receiving or paying attention to communications from the condominium association or HOA, and even plain forgetfulness.
Whatever the reason, once the unit or homeowner gets behind in their common fees, the goal should be to educate them and get them back up and current so that their lack of payment doesn’t hurt the other association members who are paying on time.
There is a huge difference between attempting to collect a debt and simply taking legal action against the debtor. Both have very real consequences to both the condominium association or HOA and the delinquent homeowner. Simply referring the matter to an attorney isn’t an attempt to collect a debt. It is an action that will lead to a lien and eventual foreclosure if the debt isn’t settled. Used as a first resort, it is an unethical solution because it harms the homeowner and puts the association at risk of losing additional money as the attorney will get paid for the legal work regardless of the outcome.
Since the delinquent unit owner is encumbered to the terms of the association’s governing documents, the hefty and often burdensome cost of the legal fees is also lumped onto the delinquent amount the homeowner owes to the association. In some extreme cases, the legal fees can even outweigh the amount owed to the association. Can you blame the delinquent unit owner for crying “foul” when this happens? It is unfair and unethical.
A far better and less expensive solution would be to work with a specialized collection agency that fully understands the plight of the condominium owner or HOA homeowner who has missed a few payments and become delinquent.
Axela Technologies is just such a collection agency. In addition to offering a no upfront cost to the condominium association or HOA, the fees for using a collection agency to service the debt is far more agreeable to the delinquent homeowner. They have the opportunity to address their delinquency and get themselves back in good standing with their association. A specialized collection agency can work with the homeowner politely and professionally, encourage a repayment plan, without involving the courts or threatening to foreclose on the homeowner’s home unless, and only unless, the debtor is unwilling to resolve the debt.
In our experience, that is a rare occasion that only happens about once for every 20 accounts referred. That means up to 95% of delinquencies are settled without the need for the hefty legal expense of an attorney. Not only is this solution far less expensive for all concerned, it’s also a far more effective method of collecting delinquent common fees and assessments.
An ethical collection strategy needs to be considered in all cases of homeowner delinquency and not just because it is the right or ethical thing to do. Many associations have felt the bitter sting of financial loss after pursuing a strictly legal “lien and foreclose” strategy. Savvy homeowners who get swamped with legal fees on top of delinquencies are far more likely to file their own bankruptcy leading to the association simply “writing off” the delinquency and the legal fees spent trying to collect.
Using Axela Technologies and their ethical collections strategy proves effective 19 times out of 20. Ethical collections save time, save money, and encourages a “win/win” for the association and the homeowner. Take a look at your current condominium association or HOA collections strategy today. If it isn’t ethical, it’s time to talk to Axela Technologies.
Comments: Comments Off on Broward County Condo & HOA Expo Tuesday, February 23, 2021!
Join Us Tuesday, February 23, 2021!
Property Management Expo & Seminars
Seminars: 9:00 am – 4:30 pm Exhibits: 10:30 am – 3:00 pm
For one day only, The Signature Grand will be packed with the latest products and services as well as an array of industry experts. It’s an unparalleled opportunity to make valuable connections and speak directly with local and national experts about the topics that are relevant to you and your property.
In the interest of public health and safety, and in accordance with state guidelines, the Broward County Condo & HOA Expo has reduced capacity in meeting rooms and public spaces. At this time, it will be mandatory for all participants to wear a face mask or protective covering, and we ask that everyone observes social distancing in all public event spaces.
Get legal insights, financial advice, communication tips, proactive management solutions and much more from some of the region’s top professionals. This one-day event will also give you a sneak peek at the latest design trends gracing today’s most prestigious developments, plus innovations in building and remodeling and the newest energy efficiency options.
Sen. Darryl Rouson filed SB 412 and SB 926 in an effort to address eviction records and housing insecurity.
The Residential Tenancies bill, SB 412, would help address housing insecurity by referring matters of eviction to mediation in circuit courts with established mediation programs. It would also remove the requirement for the tenant to deposit money owed during eviction proceedings into the court registry.
“Our state should be utilizing mediation to discuss options for tenants and landlords prior to the eviction proceeding,” Rouson said at a press conference Monday.
Rep. FentriceDriskell filed the Senate’s companion bill HB 481.
The related bill, Eviction Records (SB 926), would allow for defendants to move to seal their eviction record if the court finds they were adversely affected by COVID-19. The bill would apply to eviction complaints filed after March 1, 2020. “What we’re really trying to do here, to put it very plainly, is to help level the playing field and make sure that we can slow it down a bit so that we can hear the facts,” Driskell said.
The goal: to prevent future landlords from refusing to rent to tenants adversely impacted by COVID-19.
“Nothing is more sacred than adequate shelter, safe and secure housing, particularly during a health crisis,” Rouson said. “We allow records to be expunged and sealed for criminal offenses. Why not for the unfortunate situation of an eviction so that people can truly get a clean, start.”
Rep. DianneHart filed the companion bill for eviction records, HB 657.
During Monday’s press conference, Rouson emphasized that nearly 180 families a day are being evicted from their homes in Florida. “Even with a moratorium in place many people were not spared from the process of losing their homes,” Hart said. “Even though these circumstances were not within anyone’s control, once you have an eviction on your record, it is exceedingly difficult to find another landlord willing to give you an opportunity to rent.”
“This is not a partisan issue. The landlord does not ask your party affiliation when he begins an eviction process,” Rouson said. “No one likes going through an eviction process, why not have mediation, to discuss options between landlords and tenants when people are unable to pay and afford the rent.”
Eviction-related bills spurred by the economic impact of the COVID-19 pandemic have been coming in hot to the Florida legislature.
In early January, Sen. ShevrinJones filed a bill, SB 576, which would prohibit landlords from refusingto enter into a rental agreement with a prospective tenant solely based on an eviction that occurred during the pandemic.
Back in December, the passage of the $900 billion federal relief package allocated about $1.4 billion in rental relief assistance to Florida.
A National Low Income Housing Coalition report found that Florida has the second highest eviction risk rate across the country. The report found that 15.6% of Florida renters were at risk of eviction in the two months following December, compared to a national risk of eviction rate of 8.4%.
In about 25 years a crisis is coming to the condo and co-op world that will be shocking to say the least. Here is the problem. Many of you think that by purchasing your condo or co-op, you can live there forever, as long as the mortgage, taxes and assessments are paid. You may be wrong. Very wrong.
Florida condo and co-op law basically say: Leaseholds.—
(1) A condominium or co-op may be created on lands held under lease or may include recreational facilities or other common elements or commonly used facilities on a leasehold if, on the date the first unit is conveyed by the developer to a bona fide purchaser, the lease has an unexpired term of at least 50 years.
That’s right your condo could be built on land that you don’t own. Land that you are leasing and someone else owns and who is simply leasing the underlying land to the condo association for 99 years. After the 99 years are over, the lease may require that all property built on the land (meaning all of the condo units) revert back to and becomes owned by the owner of the land. In other words, after 99 years, you lose your home.
Many of these 99 year leases began in the 1960s. So, in about 40 years, lots of buildings will be faced with this fiasco if they don’t do something about it before then. As the date gets closer to the expiration of the 99 year lease term, the value of the unit keeps going down. How can you sell a unit to someone if in 5 years it reverts back to the underlying land owner? That unit is valueless.
It’s amazing how many people have no idea that this is going to happen. How many people thought that once they paid off their mortgage, they were safe and secure. They were wrong. One day, the underlying land owner will be able to make you purchase the unit all over again if you want to stay. Or, simply kick everyone out and build something new or sell to a new developer.
The law should never have allowed condos or co-ops to be built on leased land. But, this is Florida – the land where developers call the shots.
If you live in a community with such a land lease, you want to see if you can buy it out and obtain a deed to the land. That will avoid the potential disaster that awaits. The Florida Legislature better start thinking about this coming crisis and not wait for it to creep up on everyone.
Comments: Comments Off on ACTION ALERT: The insurance industry is backing another bill that is trying to take away your rights and significantly reduce your coverage for roof damage.
The insurance industry is backing another bill that is trying to take away your rights and significantly reduce your coverage for roof damage.
The insurance industry is backing another bill that is trying to take away your rights and significantly reduce your coverage for roof damage. If passed, Senate Bill 76 could potentially cost Floridian homeowners millions of dollars.
We need homeowners and business owners in Tallahassee on Tuesday, February 2nd to be heard and oppose this bill.
Here are some highlights of the bill:
Insurance companies can limit coverage for roofs more than 10 years old based on a “roof reimbursement schedule.” This could result in significant out of pocket expenses for homeowners.
The roof reimbursement schedule limits coverage to a percentage of the amount to repair or replace the roof.
Coverage can be limited to:
70% for metal roofs
40% for concrete tile and clay tile roofs
40% for wood shake and wood shingle roofs
25% for all other roof types, including asphalt shingle roofs
Timeframe to report property damage claims, including Hurricanes, is reduced to 2 years!
Policyholders must send their insurer a Notice of Intent to file a lawsuit prior suing for recovery of insurance proceeds.
Notice of Intent must include: the amount of damages sought, a detailed estimate for repairs, the actions of the insurer that gave rise to the action, and the amount of attorney’s fees incurred by the insured policyholder.
Notice of Intent must be served at least 60 days before filing a lawsuit. Given the 90 day period insurers already have to adjust claims, adding 60 days means generally waiting 5 months from the date the claim was reported before being able to sue for failure to adequately pay the claim.
Limits policyholders’ ability to recover attorney’s fees in a lawsuit against their insurer, a right that has been guaranteed under Florida law for decades.
We need every roofing company to bring a homeowner to the Tallahassee Civic Center on Tuesday, February 2, 2021, to testify against bad legislation backed by insurance companies. Please call your representative and tell them you oppose Senate Bill 76 because it is bad for property owners, insurance consumers and contractors. This could affect your home and your livelihood!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
Florida condo and co-op law basically say: Leaseholds.—
