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

We are passionate about bettering cities, housing communities and the safety of their residents!

We are passionate about bettering cities, housing communities and the safety of their residents!

  • Posted: Apr 15, 2019
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As a paving contractor, we don’t solely focus on our paving work.

At Atlantic Southern Paving and Sealcoating, we are passionate about bettering cities, housing communities and the safety of their residents! Contact us to evaluate your #HOA community’s paving needs at 954-691-0727 or head to PaveWithASP  We self-perform the entire state of Florida!

Atlantic Southern Paving & Sealcoating From idea or blueprint to finished surface, we offer all facets of new paving installation. Our crews have the technical expertise to perform these tasks to the standards set by local, state and federal requirements. This expertise allows us to pass inspections the first time so that your project can stay on schedule.

Atlantic Southern Paving & Sealcoating provides pavement maintenance & construction services to Florida for over 30 years. The solid foundation that Michael “Mickey” Curry started in 1992 employing the best people, using the best products and providing what the customer needs with a competitive pricing has enable Atlantic Southern to continue to thrive.

 

 

ATLANTIC SOUTHERN PAVING & SEALCOATING

Southeast FL  954-518-4315
Southwest FL  239-234-2155
Central FL  321-408-5010

Major Announcement! Atlantic Southern Paving and Sealcoating has officially opened a new Fort Myers location serving Collier and Lee Counties! Contact us today at 239-234-2155 to manage your parking lot and asphalt pavement needs!

Our New Location serving Central Florida Locations!  Central FL  321-408-5010

 

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Special Magazine Directory Advertising

Special Magazine Directory Advertising

  • Posted: Apr 11, 2019
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In every edition of the FLORIDA RISING MAGAZINE We have a Directory

We are adding a Directory for Property Managers and Management Companies! – Get your company listed on the Magazine Directory.

Contact us today, This Directory is for All Florida Companies – Get listed,  this is linked to your website and to a Page on our Website. Let Clients find you.

 

 

Your company can get listed in our publication that is sent out to the Property Management Industry in Florida!  Get your Company listed today!

A great way for you to be seen by readers each month. Our Publication is sent throughout Florida’s Management Industry, Management Companies, Board Members for the Condo and HOA Industry read the Florida Rising Magazine each month. This digital magazine is Interactive, What this means for you and your companies is:  All ads and Company Listings are linked to either your website or the membership page on our Website Directory.  We know readers want to learn more about companies or need to contact you they will be able by clicking on your listing ads.

We publish the Magazine each month with a Management Magazine Directory and have been asked can our company get listed on This? the answer is YES, Many Management Companies and Professionals want to let the industry know who they are and what company they are working for in the hopes when their services are needed you can contact them. With over 100,000 Eyes reading the publication monthly for a small yearly fee your company can get listed and sent out to readers.

 

FIND OUT MORE ABOUT THE PRICING – GET YOUR COMPANY LISTED IN THE MANAGEMENT AND SERVICES DIRECTORY

 

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In House or Contract Security, That is the Question

In House or Contract Security, That is the Question

  • Posted: Apr 07, 2019
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In House or Contract Security- That is the Question

 

Mike the right decision with your security company

Do the terms FLSA, ACA, HIPPA, E-Verify or I-9 scare you? They should if you have in-house security, maintenance or housekeeping staff. These terms are just some of the federally mandated employment laws that HOA’s, condo boards and property managers must contend with. If you are not fully compliant with any of these it can cost you and your organization hundreds of thousands of dollars in fines, penalties and yes, even back wages.

What can you do to eliminate these HR compliance headaches and ensure the safety and security of your business, building or property in the real world?
Outsourcing may provide the solutions you’re looking for.

Outsourcing can provide a viable and affordable solution for many businesses, condominiums, planned communities, office and professional complexes. The security provider you choose will take on the costs
and hassles of hiring, scheduling, HR administration, insurance, liability, training and outfitting employees.

If you’re looking for trained security officers, you’ll find that hiring your own staff can be extremely expensive. The last thing you want when it comes to security is less-than-qualified workers. A reputable security provider will have the money and resources to properly recruit and hire highly qualified officers. In other words, outsourcing can give you access to security resources of a caliber unavailable to you on your own, and save you money in the process.

Condo associations and HOA’s may not have the resources to properly vet security experts in their employ. The officers who fill these crucial positions, must be stable, reliable, trustworthy, and well-trained. A failure on any level could spell disaster.

 

 

By outsourcing or on-boarding your current in house staff to a firm that makes security their business, you can rest easier knowing that anyone they send your way has been properly vetted, trained, and held to the highest standards. After all, the security provider that hired them has a reputation to uphold, just as you do.

HR Costs/Bill Rate

According to the US Department of Labor legally required benefits such as social security, workers compensation insurance, unemployment and Medicare costs can add an additional 14.5% to your payroll costs.
If you provide other benefits such as health & life insurance, 401K contributions, and/or paid leave time those costs can add an additional 24% to your payroll and operating expenses.

What does this mean to you?

Let’s say your annual in-house security payroll is $75,000 per year. Factoring in the mandated benefits and your actual payroll costs leap to $85,875, that’s over a $10,000 increase. If you offer benefits your actual costs skyrocket to over $105,000. That’s $35,000 additional dollars you’re spending on payroll without any additional personnel or job tasks being performed.

Insurance Savings

You more than likely currently have general liability insurance coverage that protects you and any governing board from losses resulting in accidents or injuries that occur on the property. Risk is the single biggest factor in determining how much coverage costs. No one anticipates accidents or mistakes. The rising cost of general liability insurance is another area of concern for managers, board members and residents.

If you’ve had accidents or faced lawsuits in the past then expect to pay more.

A reputable security contractor will carry sufficient liability and workers compensation insurance which will provide you indemnification from losses and employee injuries and illness, thereby reducing your overall insurance costs and risk factors.

Better Training, Oversight and Supervision

As a board member or property manager how much time out of your day do you have to check on and provide oversight to your security personnel? Do you even know what to look for or what questions to
ask?

Any reputable and reliable third-party security provider should provide comprehensive supervisory and managerial oversight to its guards including random and periodic unannounced inspections of the site and the personnel assigned there.

Outside of showing your in-house team where to put packages, which contractors are allowed access and what the pool hours are, what training has your team received. Does your team have the expertise or resources to provide that training? A professional security company does.

At a minimum any professional security officer should be trained in emergency first aid, CPR and fire suppression.

“But we love our in-house staff and don’t want to lose them!” is something we hear very often when talking to property managers, condo board members and HOA presidents about on-boarding in-house staff. In a properly structured transition you retain your current staff. Pay rates and benefits remain unchanged as does seniority ranking.

As your operation grows, so too will your needs where support is concerned. You may acquire additional facilities that require additional physical security. Either way, flexible security solutions that easily adapt to the changing needs of your business or property are a must.
All of these factors are where outsourcing can really ease the transition process as your needs change, while you grow and expand. You have plenty on your plate already without having to worry about increasing on-site security teams. A reputable and reliable third-party service provider can handle these concerns for you.

 

 

Choosing the Right Provider

The south Florida contract security market is one of the most competitive in the nation. There are currently over 1,200 licensed security agencies in Broward and Miami-Dade counties alone.

These agencies range from huge national companies to one or two man agencies working out of someone’s home garage or spare bedroom. So choosing the right security provider is crucial.

When evaluating security firms you need to ask the following questions.

  1. Does the agency provide general liability insurance and do they indemnify you in the event of a
    loss from any incident or accident caused by any negligent, grossly negligent, willful act or
    omission or intentional act, of their guard?

  2. Are their guards actual employees of the company or are they paying them as sub-contractors?
    Some less than reputable security providers will do this to avoid the high costs of workers
    compensation insurance, payroll taxes and social security contributions.

  3. How responsive is their management team to problems, issues or concerns of yours?

  4. Do they utilize the latest technology to provide you officer accountability and transparency?

  5. Do they have an actual brick and mortar corporate presence or footprint?

  6. Do their supervisors or manager conduct periodic unannounced inspections of the sites and staff?

  7. What training have your guards had? First Aide, CPR, Fire Suppression?

  8. Do they conduct random drug tests of their employees?

 

Way back in the fifteenth century English satirist Gabriel Bell recognized that, “You get what you pay for;” which Webster defines as meaning “a thing that can be bought for a very low price probably isn’t very good”, and that’s especially true when evaluating security companies.
Any security provider that quotes you a bargain basement bill rate in the low teens ($14 per hour or less) is probably NOT going to provide suitable answers to these questions nor will they provide you the level
of service and support you need or want. They’re going to be using sub-contractors or paying their employees minimum wage to stay profitable. What caliber of officer are they delivering at that pay rate?

 

The Trident Ground Protection Difference

Dependability, discipline and dedication to the client are the hallmarks of being a member of the Trident Ground Protection team.

The principles of Trident Ground Protection have over 80 years of military, law enforcement, private security and special ops experience in both field, command and executive level positions. We pride ourselves in helping our clients – large or small. We have the expertise, knowledge and ability to secure and protect your property, business or event. Trident Ground Protection was established with one  goal in mind, to provide our clients with more than simply a security guard. Our team consists exclusively of true security professionals.

Trident Ground Protection actively recruits and hires our military veterans and former or retired law enforcement personnel. By hiring this caliber of employee, we provide our clients with a more disciplined, dedicated and focused security officer.

Our management and field staff are solely dedicated to providing you a level of service, awareness and discipline far above that of any other security provider. A member of our corporate management team is available to you 24/7 by way of either our corporate headquarters in located Oakland Park or after hours from our Global Security Operations Center located in downtown Fort Lauderdale.

When you contract your security functions with Trident Ground Protection we assume the liability for any incident or accident caused by any negligent, grossly negligent, willful act or omission or intentional act, of one of our team members up to one million dollars per occurrence. Our officers are employees of our company, not sub-contractors and are fully covered under our workers compensation insurance coverage.

As part of our commitment to provide the highest level of professional security services, every new client receives a vulnerability analysis, comprehensive threat assessment and crime statistics report for their site, building or property. We then use the results as the basis for designing a comprehensive and cost effective security program and post orders specific to your needs and desires.

We work with and build relationships with your local law enforcement agency to maximize leveraged law enforcement services g=for your property. Technology within the security industry has greatly advanced from the days of the old Detex Watch Clock Stations. © Trident Ground Protection deploys the latest and most advanced web-based applications for officer accountability and activity. As part of our commitment to transparency the systems allows you the client and TGP management to see in real time an officer’s location and review their current and past activity.

The system can also be configured to send instant e-mail alerts regarding incidents occurring at your property.

Personnel management has also accomplished via a web-based portal which only allows an officer to “clock in” once he or she is on site. It also can be set up to provide you, the client with e-mail notifications about late employees or personnel and scheduling changes. So whether your looking to develop a comprehensive security program, out-source your in-house security program or just in the market for professional and dedicated security services, you can be assured that Trident Ground Protection is the best solution.

We’re committed to providing you with top notch local support and knowledge. We approach every client with a focus on support, integrity, advocacy, and understanding.

Find out more about Trident Ground Protection

 

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Lake Management: Don’t Feed the Wildlife!

Lake Management: Don’t Feed the Wildlife!

  • Posted: Mar 26, 2019
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Lake Management: Don’t Feed the Wildlife!

by: SOLitude Lake Management   |   Mar 26, 2019

Written by Industry Expert Gavin Ferris, Ecologist

A few years back in the spring, residents of South Hampton, NH found six dead deer in a suburban lot. Several biologists and a game warden then investigated the site and found six more. The deer had not been shot or killed by predators, nor had they starved or died of exposure. They had been fed to death. With their stomachs and digestive systems used to their winter diet of woody browse, a sudden bounty of corn from a well-meaning human can be a shock to the system, in this case resulting in fatal enterotoxemia.

This example is dramatic, perhaps even extreme, but it illustrates the potential consequences of feeding wildlife. Certainly, not every animal that gets fed by a human will inevitably suffer a gruesome and untimely death. All the same, it usually isn’t good for the wildlife, it might not be good for the aquatic environment or its human inhabitants, and in the vicinity of a lake or pond it can be extremely bad for the water. It is perfectly natural, even admirable, for people to want to help the wildlife that they share their surroundings with. Unfortunately, there are several major consequences to feeding wildlife that make anything more than a backyard bird feeder quite unhealthy for all involved.

 

 

Don't Feed the Ducks - SOLitudeThe foods we provide to wildlife are not the foods they are adapted to eat. Corn, bread and other grain-based foods are high in carbohydrates, which few natural foods are. Wildlife that eat these foods may become unhealthy as a result of taking in too many carbohydrates in a short time, or it may interfere with their ability to process the rest of their more natural diet. Some aquatic animals, such as pond turtles, may become reliant on food provided by humans. As a result, they may stop eating aquatic plants and decaying matter, which can negatively affect the balance of the ecosystem.

The feeds provided by humans to wildlife also generally amount to junk food, and can cause excessive weight gain. This is particularly true of waterfowl in areas where bread feeding is popular. In addition to the direct effect on their health, this weight gain can inhibit migration, and affect their long-term fitness.

Access to feeding sites also alters animal behavior. Animals that are typically dispersed over a wide area in order to find food will instead congregate near the food source. This increased population density makes disease transmission more likely. It also goes against the natural territoriality present in many species, and the inevitable altercations may result in injuries or even death. Higher densities of animals also equates to higher densities of those animals’ parasites. In the case of deer this means ticks, including the deer ticks that transmit Lyme disease, and the dog ticks and lone star ticks that transmit a number of other pathogens.

The feeding of waterfowl, in particular, has an additional environmental impact, as the practice affects nutrient levels in lakes and ponds. Whether from bread that is missed by the ducks and geese being fed, or from their resulting droppings, feeding waterfowl can be a significant source of excess pond nutrients. As an undergraduate, I was involved in a study of Pymatuning Reservoir, a man-made lake located on the border of Pennsylvania and Ohio. We found that people feeding bread to the carp and waterfowl that congregate by the spillway was the largest single source of phosphorus going into the reservoir. Excess phosphorus is the leading cause of algae blooms and, ultimately, fish kills in freshwater ponds and lakes.

It is perfectly natural to want to help the wildlife that shares your environment, and I encourage you to do so. You can provide food for wildlife by planting native plantsthat support the food chain. You can provide habitat by leaving areas unmowed to provide cover, and by installing nest boxes and bat boxes. In short, the better your efforts to aid the wildlife in your community mimic the resources that animals would make use of under natural conditions, the more successful they will be.

https://www.solitudelakemanagement.com/blog/lake-management-dont-feed-the-wildlife

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Subscribe to the:  FLORIDA RISING MAGAZINE

Subscribe to the: FLORIDA RISING MAGAZINE

  • Posted: Mar 20, 2019
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Subscribe to the:  FLORIDA RISING MAGAZINE

The FLORIDA RISING MAGAZINE by SFPMA We publish this monthly and send to our subscribers, members and clients all over Florida. Utilizing social media we post many featured pages and highlighted articles giving our advertisers a larger audience reading the magazine.  It is important to us to inform our industry and the decision makers of companies being used in the management industry today. Published for the State of Florida’s Condo HOA & Property Management Industry.

Help us with bringing you content you can trust while keeping you up to date with our industry.

 

Subscribe Now get the Full Magazine sent to you each month

 

One of the Best Industry Magazine’s:

  • Keep up to date with the CONDO, HOA AND PROPERTY MANAGEMENT INDUSTRY
  • Read top stories and information written by top industry professionals
  • Learn more through ads placed throughout the pages, Find Management Companies, Business and Service Vendors ready to help you with your properties.
  • Find companies fast on our directory these companies work with the management industry and have been screened so you get Trusted Member Companies.

 

ADVERTISE IN OUR NEXT EDITION:  We offer the best pricing, YOU GET MORE MONTHS TO BE INFRONT OF THE DECISION MAKERS.

 

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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.

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.  

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).

Top Member Products;

ALL-ACCESSNew 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.

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.

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.

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.

 

 

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

 

 

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.

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.

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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