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SFPMA Industry Articles | news, legal updates, events & education! 

Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

Outdoor Patio Furniture by XHIBITZ Contact Furnishings

Outdoor Patio Furniture by XHIBITZ Contact Furnishings

  • Posted: Mar 12, 2019
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Our philosophy has not changed since our beginnings, Xhibtz works with you to ensure you purchase the right product and service for your outdoor needs.

XHIBTZ is a Manufacturers Representative and Purchasing Company taking pride in offering quality products and service for the past 14 years. We are dedicated furniture and accessory providers to country clubs, yacht clubs, hotels, resorts, property management companies, homeowner associations, condominium associations, interior designers and residential and estate home owners.

We’ve received accolades for our service in delivering the best the industry has to offer in patio furniture, pool and beach furniture, sofas and chairs, and tables; we also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area. Ask about our custom furniture restoration service for limited budgets.

We are pleased to offer a complete selection of products including patio furniture, pool and beach furniture, sofas and chairs, and tables. We also provide quality accessories such as cabanas, umbrellas, and custom cushions to complement your outdoor area.

     

Contact Us Today.

Email: xhibtz1@xhibtz.com
strong>Phone: 954.614.1505

Members Directory Listing Page: https://sfpma.com/listing/xhibtz-contract-furnishing/

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The Florida Rising Magazine was published this weekend

The Florida Rising Magazine was published this weekend

  • Posted: Mar 04, 2019
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We published our March Florida Rising Magazine over the weekend, Are you reading it?

Call us for Advertising: 561-756-3540 

We want to thank all of the members and Advertisers who support our efforts in bringing information to the many property managers, board members and industry professionals who read and subscribe each month to our publication.  Our March Edition gets sent to over 75,000 of our Management, Condo and HOA Members as well as sending this to all Social Media Pages and subscribers all over Florida. We ask members to write articles we can publish, you help us help you!,  along with any article written by you we like to ask if you would like to place an Ad. We can offer you some of the best prices. Contact us: membership@sfpma.com for more information.

In this issue:  Our Cover was sent to us by Service One Miami – Sam Turpin. Sam heads One Lifestyle Management in Miami, Florida. They are a Service for Cleaning and Repair Services Mainly working in Fisher Island and Miami. He is out daily visiting properties and capturing some of the best photos of Miami. You can find out more about what they offer on Page 38 in this edition.

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The March Edition 2019 – Florida Rising Magazine

Articles written by many of the leaders in our industry;  WHAT A DIFFERENCE A DAY MAKES – THE NEED FOR STRICT COMPLIANCE WITH FINING NOTICE REQUIREMENTS
by Jeff Rembaum /KBR Legal,  DIRECTORS ARE IN THE CROSS HAIRS YET AGAIN by Eric Glazer, Esq. of Glazer & Sachs P.A.,   Selecting the right Cable TV and Broadband Vendor.
by Brian J. Rader President | Upstream Network,   Lake Management SOLitude Nanobubbles.  by Bo Burns, Biologist at SOLitude Lake Management,    Outdoor Lighting Upgrades can Yield Huge Cost Savings By: Jessica Vail & Tayler Young, The Falcon Group,    In House or Contract Security- That is the Question  by Trident Ground Protection  (Security for your buildings)   CONDO & HOA COLLECTIONS… How to formulate a Uniform Collection Policy  by Mitch Drummer of ALEXA Collections, Cleaning and Maintenance Procedures for Aluminum Patio Furniture by XHIBITZ Contract Furnishing.  

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We also wish to Thank: SubCarrier Communications – RoofTop Management, Any Building should have their roof top evaluated for placement of antennas,  Maus Law Firm – When you need representation for Personal Injury Claims, Accident or Damage to your Person or Building.    Brite LED Lighting – Leading the way in LED Technology with financing solutions for your buildings retrofit projects.  Alex Manganiello, owner of Chuck’s Painting Inc. Servicing the South Florida area since 1979. Say’s “I would greatly appreciate the opportunity to bid on any upcoming painting projects you may have”.  One of our New Companies: Lighting of Tomorrow LOT – Read April Edition about how they are changing the Lighting industry in South Florida. (Products and completed installs).

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Top Member Products;

ALL-ACCESS – New Condensate Float Switches For A/C Drip Lines: This new inexpensive product provides extra protection against flooding caused by clogged A/C drain lines and allows the drain line to be cleared & maintained easily. Buy them and install them on all of your A/C’s in your Buildings.

Commercial Fitness Products- has been a leading supplier of commercial fitness equipment for over 30 years. We have developed a high level of expertise in equipping all types of facilities.

Spotless Roof Solutions- is an Award Winning product that helps Homeowners, Communities, & Contractors eliminate the need for repeated Roof Cleaning. We Make Roof Cleaning OBSOLETE!

And all of the other Advertisers in the Florida Rising Magazine.

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We do ask and never push anyone to take out a SUBSCRIPTION TO THE FLORIDA RISING MAGAZINE, Only 24.00 for the Year, You get the Full Magazine sent by Email to you. Keep Up to Date with the Industry.

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If you want your company to Advertise and get in front of Thousands of eyes throughout our Industry Please do, Find out more about what we can offer you for Advertising in our next publication.  or

If you just want to be listed in the MAGAZINE DIRECTORY IN EVERY EDITION FOR THE YEAR. You can. 

Thank You,

Effency Publishing,

SFPMA,

Florida Rising Magazine.

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ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

ARE GOVERNING DOCUMENTS PREVENTING YOU’RE ASSOCIATIONS PROGRESS?

  • Posted: Feb 03, 2019
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Updating community association documents is a difficult, often cumbersome task.

For this reason, many HOA and COA boards simply table the discussion, putting it off for a better, more convenient, time in the future. However, outdated policies and governing documents often make it hard for community managers to move forward when change is necessary, and would ultimately benefit the full membership. While, the actual rewording of existing covenants, bylaws and ancillary documents is a task for legal teams.

 

WHEN SHOULD COA & HOA BOARDS CONSIDERING UPDATING GOVERNING DOCUMENTS?

If you association’s CC&Rs and bylaws have not been reviewed for five years, or more, it is time to request a legal review to ensure your documents comply with current statutes and laws. Older documents may not address modern communication options like emailing, texting and owners’ portal. Also, there have been important changes that will improve an association’s ability to collect delinquent assessments that can be negatively impacted by outdated governing documents.  If your documents have not been updated, then due to the safe harbor law and joint and several liability, back owed association dues may not roll over if the house is sold. The documents can be re-written to include language that mentions if the house has past due assessments when sold, then the new owners can be held liable for these payments.

When considering whether to ask your attorney to look for inconsistencies in condominium planning or subdivision maps, you may also want to ask the legal team to review the original articles of incorporation and other policies that cover code restrictions and financial reporting. It is imperative that the board keeps these written policies up-to-date to prevent ambiguities and confusion for directors and the membership.

There are several key tasks that association leaders must assume responsibility for during a review. For example, the board is responsible for notifying homeowners about the upcoming review, and gaining the appropriate level of voting support before implementing any changes to documents.

 

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HOW CAN YOUR COMMUNITY ASSOCIATION GAIN FULL SUPPORT FROM YOUR MEMBERSHIP?

To elevate the chances of gaining acceptance from your homeowners to proposed amendments, the board needs to make a strong effort to keep the membership informed throughout the process. It is a good idea to appoint a committee to oversee the process and act as “points of contact” for stakeholders who have questions. The committee members may also solicit feedback from members via telephone, email or face-to-face contact.

There is another, efficient, less burdensome way to solicit support, especially if one reason for the review is that your association plans to modify fee, assessment and debt collection documents. Partnering with a full-service, industry-specific organization that intimately understands HOA, COA and time-share business models helps ensure that your communication is always compliant. Axiom Resources professionals work closely with community associations to develop collection strategies aligned with all federal, state and local statutes, laws and restrictions. In the role of industry mentor, key personnel help directors and board members design communication policies that benefit homeowners, while protecting community assets.

Leveraging the power behind years of experience in the community association industry, HOA and COA boards can address bad debt and potential debt challenges before problems escalate to the point that homeowners and association management become frustrated.

 

COLLABORATING WITH A MENTOR & PARTNER

Using An Association Attorney that provides services supported by industry professionals who understand the nuances and regulatory challenges associated with covenanted community management. Please visit our Members Directory on SFPMA or call today to discuss ways our team can help you navigate the document review process and implement stronger debt management solutions that benefit homeowners and the association.

 

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The opportunity an HOA can capitalize on is negotiating a cell tower lease agreement that ensures consistent rent for years, often decades, to come.

The opportunity an HOA can capitalize on is negotiating a cell tower lease agreement that ensures consistent rent for years, often decades, to come.

  • Posted: Jan 24, 2019
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HOA can capitalize on is negotiating a cell tower lease agreement that ensures consistent rent for years, often decades, to come.

Companies like AT&T, Verizon, T-Mobile and Sprint continue to explore options to meet their wireless customer demands, and part of this search includes the construction of new cell sites across the United States. Cell sites come many sizes, from a traditional tower that is big enough to climb, to an antenna that sits hidden on a rooftop, only seen by those flying over.

 

Cell phone usage has skyrocketed to the point of near saturation in the US. According to Pew Research Center, 95% of adults have a cell phone & a growing share of Americans now use smartphones as their primary means of online access at home. In 2016, wireless subscribers’ connections hit 377.9 million, with over $1.4 trillion (yep, trillion with a “t”) having been invested globally in the last 18 years. This is BIG business & there are opportunities for landowners to capitalize.

The opportunity an HOA can capitalize on is negotiating a cell tower lease agreement that ensures consistent rent for years, often decades, to come. There are certain pros and cons that an HOA or Condo Association must ponder if a cell tower company or wireless carrier approaches them about putting a tower on their property.

 

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Does an HOA have to renew records for the entire community and for each homeowner

Does an HOA have to renew records for the entire community and for each homeowner

  • Posted: Jan 02, 2019
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We were asked a Question– In Broward County does an HOA have to renew our records for our entire community or just for each homeowner? 

Florida Department of Economic Opportunity

Revitalization of Expired Homeowners Association Declarations and Covenants

In 1963, the Florida Legislature enacted the Marketable Record Title Act (“the Act”), codified as Chapter 712, Florida Statutes. The Act was intended to simplify title searches by extinguishing old title defects and other recorded issues affecting title to real property after 30 years, except for certain matters (see Section 712.03, Florida Statutes – Exceptions to marketability).

An unanticipated consequence of the Act was that it extinguished the covenants of some planned communities, which suddenly found they had lost their legal authority to collect assessments and enforce the covenants. Since then, the Florida Legislature has amended the statutes to provide both a process to preserve the covenants before they are extinguished by the Act, and a process to reinstate them if they have already been extinguished or have expired.

Applicable Statutes

 

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Revitalizing Expired / Extinguished Homeowner Association Declarations of Covenants

Chapter 720, Part III, Florida Statutes, creates a mechanism to revive / reinstate / revitalize (these terms are all used to mean the same thing) a declaration of covenants that has ceased to govern some or all of the parcels in a subdivision. Briefly, the process includes the following steps:

  1. Parcel owners within a community must create an organizing committee composed of not less than three community members.
  2. The organizing committee must prepare the declaration of covenants and, if necessary, updated governing documents for the homeowners association, which must then be approved by a majority of affected parcel owners.
  3. Next, the committee must send the proposed revived declaration and homeowners association governing documents to the Department of Economic Opportunity (DEO) at the following address:
    • Department of Economic Opportunity
    • Attn: Division of Community Development
    • 107 East Madison Street, MSC 160
    • Tallahassee, Florida 32399-4120
  4. DEO has 60 days to determine whether the documents comply with the requirements of Chapter 720, Part III, Florida Statutes, and issue a letter determination approving or denying the requested revitalization. It is not uncommon for DEO to complete its review and issue a letter approval or denial before the sixtieth day.
  5. If DEO approves the proposed revitalized declaration and homeowners association governing documents, the declaration of covenants, articles of incorporation and bylaws of the homeowners association, the DEO determination letter of approval, and a legal description of each affected parcel must be recorded with the Clerk of the Circuit Court in the county where the affected parcels are located within 30 days after the organizing committee receives DEO’s approval. The articles of incorporation must also be filed with the Department of State if they have not been previously filed. Immediately after recording, the organizing committee must provide copies of the recorded documents to the owners of all affected parcels.

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Limited Role of DEO

As noted above, DEO’s role with regard to homeowners association covenants is limited to deciding whether documents proposing to revitalize expired/extinguished covenants that are submitted to DEO by an organizing committee comply with the requirements in Chapter 720, Part III, Florida Statutes. DEO has no authority to:

  • Extend the duration of homeowners association covenants that have not expired,
  • Deny approval of proposed revitalized covenants because of a dispute between a homeowners association and one or more of its members, including disputes in litigation,
  • Decide whether any of the lots in a subdivision are exempt from revitalized covenants,
  • Regulate homeowners associations,
  • Resolve complaints about homeowners associations, or
  • Provide legal advice.

If you need legal advice in connection with proposed revitalized homeowners association declarations, you may contact The Florida Bar’s Lawyer Referral Service at 1-800-342-8011, Monday through Friday, from 8:00 a.m. to 5:30 p.m. Eastern time, or through its website (The Florida Bar). The Florida Bar can provide you the names of attorneys in your area who may be able to assist you.

 

Frequently Asked Questions

What is Meant by “Verified Copies” and “Affidavits”

Part III of Chapter 720, Florida Statutes, states that “verified copies” and “affidavits” must be submitted to DEO as part of the covenant revitalization process.

Verified Copies

A “verified copy” means that someone has sworn under oath and in the presence of a notary public or other officer legally authorized to administer oaths that the copy is a true and accurate copy of the original document. When verified copies are required, a notarized letter from a member of the organizing committee or an officer of the homeowners’ association may be attached to the copies as verification that they are accurate copies. The letter should say that the person signing it verifies that the documents attached to the letter are accurate (or true and correct, or exact) copies of the original documents. If the documents are not attached to the letter, the letter must identify the specific documents to which it refers. Copies of the association’s governing documents that have been obtained from the official records of the county where the subdivision is located and have been certified as accurate by the Clerk of Court are also acceptable.

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Affidavits

An “affidavit” is a written statement confirmed by the oath or affirmation of the person making it (the affiant), taken before a person having authority to administer such an oath or affirmation. In other words, it is a written statement that is signed and sworn to be true in the presence of a notary public or other official who is legally authorized to administer oaths. It must be signed by the person making it, and be signed by and bear the original stamp or seal of the notary/official.

 

How Do I Obtain Copies of My Homeowners Association Governing Documents and Covenants?

The governing documents for a subdivision and homeowners association consist of the declaration of covenants, the articles of incorporation, and the bylaws. The declaration of covenants for a subdivision is usually recorded in the Official Records of the Clerk of the Circuit Court for the county in which the subdivision is located. Copies of the Articles of Incorporation and bylaws of the homeowners association can be obtained from the Florida Department of State, Division of Corporations. Copies of the governing documents may also be obtained directly from the homeowners association.

 

Does the State of Florida Regulate Homeowners Associations?

No. Homeowners associations are required to comply with applicable Florida Statutes. However, they are not regulated by any state agency.

 

Who Handles Disputes / Complaints about Homeowners Associations?

Under Section 720.311, Florida Statutes, the Department of Business and Professional Regulation offers a dispute resolution program for some types of disputes between a homeowners association and parcel owners.

 

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The focused nature of the multi-family industry

The focused nature of the multi-family industry

  • Posted: Dec 03, 2018
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The economy has been rapidly changing, and with it the demands from owners, investors, partners and tenants.

In no way have these dynamics become more evident than in 2018. Collectively, property managers represent many of the most successful and influential firms across the Florida, with some even having a State wide presence. A major factor for these firms was diversity across sectors. Due to the focused nature of the multi-family industry, apartment managers have many new properties in today’s market. What we sought to do with this month’s Investors Edition this was to determine where primary leadership was emerging and to identify those firms that had the right sense of growth, leases in place and management teams that are the standard in their market sectors. We were impressed by the number of owners that have shown growth in the past years under what would be described ideal circumstances. We focus our editions on the office, industrial, retail, mixed-use, vacation, and hospitality, and some miscellaneous uses. Not surprisingly, all but a small number of property management firms exhibited experience and capabilities with at least two of the sectors and more than a third of our members are active in three or more.

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In this competitive environment, many of the managers were confronted with rapidly changing market demand and found the need to recruit, hire, train and provide an orientation to the industry so that they could remain competitive. Indeed, our list of the top property management firms represents the best in their sectors and showed that by improving occupancy rates. On a period-to-period measure, from 2010 through year-end 2017, occupancy increased for all of the firms, with those likely attributable to portfolio changes (another kind of challenge). The gains were substantial, with all firms approaching the mid-90 percent range. We believe that leaders rise during both positive and negative market events. Our evaluation of occupancy changes, changes in leases, square footage under management and other factors all suggest that acquisitions with strong management practices will continue to show growth into 2020.

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Methodology

The Ranking of Property Management Firms utilized self-reported property characteristics for all firms. We measured square footage, number of leases, number and size of properties under management, property operations owned or managed participation in property sectors, sustainability practices and other factors. Preference was given to those firms that had strong fundamental growth and provided services to more than one sector. The overall size of the firm and the number of square feet figured in the rankings, and ultimately the firms were selected taking into account all of the submitted member information.

 

FIND TOP PROPERTY MANAGEMENT COMPANIES IN FLORIDA: https://SFPMA.COM

 

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Here are five holiday party ideas that are sure to please your residents

Here are five holiday party ideas that are sure to please your residents

  • Posted: Nov 25, 2018
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Want to throw a holiday party that will bring residents of your community together for a fun-filled evening?

Here are five holiday party ideas that are sure to please your residents:

 

  1. Tacky Sweater Party

While so cliché these days, hosting a tacky sweater party is a great way for residents to break the ice and start mingling with each other. The ugly holiday sweater that was once popular in the 80s is making a big come back, and residents can easily find this festive attire online or come up with their own creations. Encourage residents to channel their inner-tackiness by offering prizes for the ugliest sweaters. If hosting the party at your neighborhood clubhouse, you can spruce up your community amenities for the event with bright-colored lights, oversized holiday inflatables, and tinsel-filled trees.

 

  1. Holiday Caroling Party

Round up your neighbors to meet at the community clubhouse for hot chocolate (and perhaps a seasonal adult beverage) and holiday cookies. Once everyone arrives, head out for an evening of holiday caroling. Having several copies of sheet music on hand will be beneficial for the group. It’s also helpful if you notify neighbors ahead of time that you will be caroling in the community to ensure that you will have an audience.

 

  1. Beer Tasting Party

There’s a very good chance that residents in your community have been to a wine tasting party, but what about a beer tasting party? Craft beer is on the rise, and it seems as though there are new breweries popping up in Florida every day. Encourage your guests to make an unbiased vote on their favorite beers by concealing the beverages in brown paper bags. As the evening comes to an end, make a toast and reveal the winning beers.

 

  1. Holiday Cookie Exchange Party

A cookie exchange is a classic holiday party and provides guests with an opportunity to load up on a diverse selection of festive cookies. Ask each guest to bring two dozen cookies and copies of the recipe to trade at the party. You can choose to either ask guests to bring a separate container to collect the cookies or provide containers for the guests.

 

  1. Winter Wonderland Party

While snow is a rare site in Florida, you can still get into the holiday spirit by hosting a winter wonderland party. Choose food and beverages that correspond with the snowy theme, such as marshmallows for roasting, snow cones, cheese fondue, and a white party punch. Decorate your community amenities with an abundance of white string lights, and take the ambiance up a notch by renting a snow machine.

As you begin to plan the holiday party for your HOA community, take these five suggestions into consideration to throw a party that is sure to be a crowd pleaser.

 

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Having a Building Condition Assessment performed

Having a Building Condition Assessment performed

  • Posted: Nov 14, 2018
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Having a Building Condition Assessment performed

As buildings age they become more inefficient, which can mean unnecessary, out of pocket expenditures every month. Having a Building Condition Assessment performed by a P.E. is especially important for aging facilities. It is imperative to the overall health and future of your building to conduct a “checkup” every 3-5 years. Contact us today for more information or to schedule an assessment.

Find us on the Members Directory:  https://sfpma.com/listing/the-falcon-group/

 

40/50 Year Recertification for Miami-Dade and Broward County, Florida

Is your building approaching 40 years of age? Are you aware that there may be county requirements that as a building owner you may need to comply with, known as the 40 Year Recertification?

Even if you have not yet received a “Notice of Required Inspection” by the code compliance section of your county or city, it is the property owner’s responsibility to acquire the initial 40/50-year (re)certification and to recertify their building every 10 years thereafter. Because of this, the inspections must be done by or under the supervision of a qualified, Professional Engineer (PE) or Registered Architect (RA).

Florida – Miami
15405 NW 7th Avenue
Miami, FL 33169
P: (305) 663-1970

 

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Falcon is here to help

We provide both Structural and Electrical inspection expertise in-house with Professional Engineers, Registered Architects and Licensed Inspectors. Our professionals are able to perform site visits, prepare reports, and provide repair recommendations and specifications. Falcon can also assist with the bidding process for the repair work, along with the construction oversight to ensure all repairs are being done with all recommended requirements enforced. We provide a list of the necessary repairs in the report at no cost to you.

Our services are provided in these South Florida Cities:

[one_third]
  • Aventura
  • Boca Raton
  • Carol City
  • Coconut Creek
  • Coconut Grove
  • Cooper City
  • Coral Springs
  • Dania Beach
  • Davie
  • Deerfield Beach
  • Fort Lauderdale
  • Hallandale Beach
[/one_third] [one_third]
  • Hallandale
  • Hialeah
  • Hillsboro Beach
  • Hollywood
  • Homestead
  • Lauderhill
  • Miami Dade and Broward Counties
  • Miami
  • Miramar
  • North Lauderdale
[/one_third] [one_third_last]
  • North Miami Beach
  • North Miami
  • Oakland Park
  • Parkland
  • Pembroke Pines
  • Plantation
  • Pompano Beach
  • Sunrise
  • Tamarac
  • West Park
  • Weston
[/one_third_last]

 

“The Falcon Group is one of the best for all of your Buildings. When you need architectural, Engineering Services and Structural including 40 Year Recertification. They should be the number one choice. In Florida, William Pyznar and the Team who are members of SFPMA are the type of company we stand behind for our Property Management Industry.” SFPMA

 

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Escaping The Towering Inferno – Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

Escaping The Towering Inferno – Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

  • Posted: Oct 05, 2018
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Escaping The Towering Inferno –

Condominium Fire Sprinkler Retrofit and Engineered Life Safety System Requirements

There appears to be some confusion surrounding the compliance date of the Engineered Life Safety System for those condominium associations that previously voted to opt out of the requirement to install condominium fire sprinkler retrofit. What is not confusing is that the safety of all occupants living in high-rise condominiums is paramount. No one wants to be responsible for death or injury caused by an incident that can be minimized with necessary precautions. How should the board of directors of a “high-rise” condominium balance the needs for fire safety against the considerable expense incurred in the implementation and installation of fire safety systems?

A high-rise building is a building where an occupiable floor is greater than seventy-five feet (75’) above the lowest level of fire department vehicle access. Pursuant to Florida law, condominiums that are considered high-rise buildings are required to have, or otherwise install, a fire sprinkler system, unless the condominium association had previously opted out, or is otherwise exempt, as further addressed below, by following the proper statutory protocol for which the deadline to do so has long since passed. However, for those high-rise condominiums that did successfully opt out, the association is still responsible for the installation of an Engineered Life Safety System (the “ELSS”).

A caveat, and for some condominium associations, a blessing, is that the fire sprinkler system (or ELSS) is not required if every unit in the condominium has exterior walkway access. Therefore, if the only access into the condominium unit is through an interior hallway, the condominium association would need to install a fire sprinkler system (or have already opted out and thereby need to comply with the requirements of the ELSS).

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Section 718.112(2)(l), Florida Statutes, is quite clear on the requirements to install a fire sprinkler system, but the statute does not address the condominium association’s requirements for the implementation of the ELSS – that comes from the Florida Fire Prevention Code (the “FFPC”). The FFPC defines an ELSS as a system which contains any or all of the following systems:

1) partial automatic sprinkler protection,

2) smoke detection alarms,

3) smoke control,

4) compartmentation, and/or

5) other approved lifesaving systems.

An ELSS must be developed by a registered professional engineer experienced in fire and life safety system design and authorized by the local compliance authority. Typical examples of ELSS within a high-rise condominium building could be a partial fire sprinkler system that serves the common areas, fire and smoke alarms that are in compliance with the local fire authority standards, and fire proof walls, floors and corridors designed to prevent the flow of the fire and smoke throughout the condominium building.

As to any high-rise building required to install the automatic fire sprinkler system that did not opt out, the FFPC requires that any condominium that meets the definition of a high-rise building, must, by December 31, 2019, have installed the automatic fire sprinkler system. As to those who opted out, the exact date for ELSS compliance is anything but clear. The Condominium Act does not provide a date, and while the FFPC provides a clear deadline for the installation of the automatic fire sprinkler system, the FFPC does not patently provide a similar date for the installation of the ELSS. Some lawyers and fire safety professionals take the position that, because the ELSS is a substitute for the automatic fire sprinkler system, December 31, 2019 is, therefore, the ELSS compliance date. However, others may take the position that the lack of patent clarity in the FFPC means no deadline is provided.

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Whether the local fire safety authorities will actually interpret and enforce the Florida Fire Prevention Code to require an ELSS approved plan, or ELSS completed installation by December 31, 2019 or even still, take the position that no ELSS deadline is provided at all is anyone’s guess. The answers might even vary by jurisdiction. What is clear is that:

  • The Florida legislature needs to address the ELSS compliance deadline to provide clarity for the betterment and safety of all of Florida’s high-rise communities; and
  • Any board member of a high-rise condominium association with questions regarding any of the issues addressed herein needs to consult with both their association’s legal counsel and with the local fire safety officials with jurisdiction for enforcement of the ELSS.

Jeffrey Rembaum, Esq. of Kaye, Bender, Rembaum attorneys at law, legal practice consists of representation of condominium, homeowner, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. He is a regular columnist for The Condo News, a biweekly publication and Legal Writer for Florida Rising Magazine, was inducted into the 2012, 2013 & 2014 Florida Super Lawyers. He can be reached at 561-241-4462.

Re Published with Permission: JR / KBR Legal

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