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Florida passes condominium safety bill in wake of Surfside

Florida passes condominium safety bill in wake of Surfside

  • Posted: May 27, 2022
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A bill has been sent to Florida’s governor that would require statewide recertification of condominiums over three stories tall, in response to the Surfside building collapse that killed 98 people

TALLAHASSEE, Fla. — Florida would require statewide recertification of condominiums over three stories tall under a bill sent Wednesday to Republican Gov. Ron DeSantis by lawmakers, their legislation a response to the Surfside building collapse that killed 98 people.

The House unanimously passed the bill during a special session originally called to address skyrocketing property insurance rates. The condominium safety bill was added to the agenda Tuesday after an agreement was reached between the House and Senate.

Recertification would be required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter. The Champlain Towers South was 40 years old and was going through the 40-year-recertification process required by Miami-Dade County when it collapsed last June.

At the time, Miami-Dade and Broward counties were the only two of the state’s 67 that had condominium recertification programs.

“We have actually made positive change knowing that condominiums will be safer moving forward,” said Republican Rep. Daniel Perez.

The bill would require that condominium associations have sufficient reserves to pay for major repairs and conduct a study of the reserves every decade. It would also require condominium associations to provide inspection reports to owners, and if structural repairs are needed, work must begin within a year of the report.

Similar legislation failed during the regular session that ended in March.

The condominium measure was attached to a bill that would forbid insurers from automatically denying coverage because of a roof’s age if the roof is less than 15 years old. Homeowners with roofs 15 years or older would be allowed to get an inspection before insurers deny them coverage.

While some Democratic lawmakers complained that the special session on insurance didn’t go far enough to help relieve homeowners, they did praise the addition of the condominium safety legislation.

“This bill makes this trip worth it, at least for me,” said Democratic Rep. Michael Grieco, whose district borders Surfside. “I know folks who lost people in that building.”

Recertification would be required after 30 years — or 25 years if the building is within three miles of the coast — and every 10 years thereafter.

The House sent the bill to Republican Gov. Ron DeSantis on Wednesday.

The House unanimously passed the legislation during a special session on skyrocketing property insurance rates.

Recertification would be required after 30 years — or 25 years if the building is within three miles of the coast — and every 10 years thereafter.

Nearly a year after the catastrophic collapse of Champlain Towers South in Surfside, Florida lawmakers on Wednesday gave final approval to legislation that will require condominium association boards to set aside money in reserves to cover future repairs starting in 2025. Current law allows them to waive the requirement.

“They are allowed to do that, and most of them are doing that today. They’re doing that because they are kicking the can down the road and not wanting the cost,” said state Rep. Danny Perez, R-Miami. “So moving forward, the structural integrity of a condominium will be reserved, they will be maintained, and they will be kept up to par so that future condominiums never have to worry about another Surfside taking place.”

The measure, which was approved by the House on a 110-0 vote and now heads to Gov. Ron DeSantis, would also require condo boards to conduct reserve studies every decade to make sure they have the resources to finance needed structural repairs. The proposal would also open up condo board members — many of them volunteers — to lawsuits if they ignore inspection requirements.

At play in Florida will be how to mandate reserves and maintenance to prevent tragedy and prepare associations who will need to make decisions that will likely cost homeowners more money.

“The compliance timeline is a few years away to afford an opportunity to smoothly transition,” the Senate sponsor of the bill, Sen. Jennifer Bradley, R-Fleming Island, said. “Additionally, the Legislature will remain engaged as condos and associations work to implement these changes.”

Bradley said she knows the changes to the state’s condo law will be a disruption to the status quo for many condos, but she says, “the safety of Floridians must come first.”

‘First-of-its-kind’ inspection requirements

“The creation of a first-of-its-kind statewide system of milestone inspections for our aging condos and providing transparency and disclosure to local officials, unit owners, and renters are significant measures that will save lives,” Bradley said.

There would be two phases to inspections. If a visual inspection by a licensed architect or engineer authorized to practice in Florida reveals no signs of substantial structural deterioration, no further action is necessary until the next required inspection. If structural deterioration is detected, a second phase of testing is required to determine whether the building is structurally sound.

The changes to the state’s condo laws emerged on Tuesday afternoon during a special session that Gov. Ron DeSantis called to address Florida’s failing property insurance market. The deal came after months of negotiations between lawmakers.

On Wednesday, Perez said the reserves provision was “the most important” part of the bill. House Speaker Chris Sprowls, R-Palm Harbor, thanked him for standing his ground, telling him that “people in the state of Florida are safer because of your efforts.”

 

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New Tree Removal Law Goes Into Effect July 1st

New Tree Removal Law Goes Into Effect July 1st

  • Posted: May 26, 2022
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New Tree Removal Law Goes Into Effect July 1st

05/24/2022
CALL ALERTS

Governor DeSantis signed SB 518 into law  May 18.  The bill further amends Section 163.045, F.S. to provide that a local government may not require a notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on a residential property if the property owner has documentation from an arborist or landscape architect that the tree poses an unacceptable risk.  The earlier version of this statute required the tree to present a danger to persons or property.

This new law, which takes effect on July 1, states that a tree poses an unacceptable risk if removal is the only means of practically mitigating its risk below moderate, as determined by the tree risk assessment procedures outlined in Best Management Practices – Tree Risk Assessment, Second Edition (2017).

So what does this mean for your community association? 

This law does not mean that owners in your community may remove trees in violation of your architectural and other requirements although some may wish to interpret the new law in that manner.  This new (untested) law seems to apply to local government requirements and not to association requirements. This new law also does not automatically mean that your association may remove “dangerous” trees from common areas without obtaining the proper approval under your documents, the statute, and local ordinance.

The wording of this new law certainly could have been clearer in terms of tree removal inside mandatory community associations. Please be sure to work with your Becker attorney when the issue of tree removal and this new law arises to be sure that you are properly interpreting and applying the law.

, , 

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

How to Become a More Efficient Community Association Board Member, By Concierge Plus

How to Become a More Efficient Community Association Board Member, By Concierge Plus

  • Posted: May 25, 2022
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How to Become a More Efficient Community Association Board Member

By Concierge Plus

Whether you are an experienced board member or thinking about becoming one, having a foundation for effective community association board leadership is important.

By becoming a community association board member, you step up to take on positions of service and responsibility. You’re now expected to anticipate issues, solve problems, meet the expectations of residents, and protect property values.

 

Here are five important skills to possess as a board member:

  1. Governing Documents and Roles & Responsibilities. To start you on the right path, you must understand the legal authority for your association. You must have a thorough understanding of the duties and responsibilities of each board member and the professionals who are available to assist you.
  2. Communications, Meetings and Volunteerism. You should also learn how to maximize volunteer involvement in your community association by improving board communications, conducting effective meetings, and building community spirit.
  3. Fundamentals of Financial Management. As a minimum, you should learn the fundamentals of association financial management, including guidelines for protecting your association’s assets, preparing a budget, planning for the future, and collecting assessments. Since the tragic condo collapse in Miami, many board members have realized the importance of risk mitigation and reserve studies.
  4. Professional Advisors and Service Providers. Because putting together the right team to support your association can be challenging, you should seek practical tips on finding, evaluating, and hiring qualified professional advisors and service providers. Visiting CAI’s forum for Community Associations is a good tool for such information.
  5. Association Rules and Conflict Resolution. You should learn the guidelines for making reasonable association rules, enforcing rules fairly and resolving conflict effectively.

Since the tragic Surfside condo collapse, residents are asking for more transparency from their elected board members. Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to their community.

 

Below are few Concierge Plus features that can help you become a transparent board member:

  • Resident Announcements
    You can send out notices of upcoming meetings using our Announcements module (as well as posting those events on the Community Calendar). Concierge Plus announcements can be delivered to residents by email, SMS, or even through an automated phone call based on the resident’s opt-in preferences. This will save you from having to slip printed materials under your residents’ doors.
  • File Sharing
    You can share important documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.
  • Discussion Forum
    Our Discussion Forum feature allows residents and staff to discuss various topics. The forum increases resident engagement by allowing residents to pitch-in with their views on any topic related to their community.
  • Virtual Owner Meetings & AGMs
    As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
    Via our all-in-one virtual meeting platform integration with GetQuorum, you can easily add HD web conferencing, automate attendance, enable eligible attendees to vote online, and much more.

 

Concierge Plus

Community association board members should serve with the best interests of their communities in mind. The law imposes a level of care and loyalty, owed by board members to their associations. It is vital that you receive proper education and training in order to understand your obligations and fulfill your fiduciary duty to the association.

Book a meeting with our experts today, and see for yourself how thousands of board members across North America have become more informed and effective using our platform.

 

 

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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions) Mitch Drimmer

  • Posted: May 24, 2022
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3 Ways Outside Investors Could Hurt Your HOA (And 3 Simple Solutions)

Mitch Drimmer

Anyone trying to buy a home right now knows that the market is a mess and that investors are their only real competition. The Washington Post determined that outside investors purchased a record share of sold homes across 40 major metropolitan areas in the US last year (1 in 7 homes sold!)  But this isn’t just hurting home buyers. That’s a huge number of absentee homeowners renting out space in condos and HOAs. A few long-term renters in your HOA or condo association aren’t a problem in the grand scheme of things, but rentals can get very out of hand very quickly if left unchecked.

Community Associations – It’s a Numbers Game

Keeping investors out isn’t a simple, or even always desired task. Because investors are not inherently bad. Especially in coveted vacation destinations, everyday people want to own a sweet little slice of heaven that they can use as they please and then rent out for the other half of the year. But too many investor-owned properties in your condo or HOA can alter the nature and even purpose of a community association.

The problem with investment properties becoming a significant percentage of your community association’s roster boils down to a potential lack of accountability. It’s kind of like one of those word problems you used to have in math class:

Let’s say you inherit a large garden space, and you are a watermelon lover. You share 500 garden plots with friends and neighbors so you can all grow watermelons to enjoy this summer. In the first year, you all grow delicious, beautiful watermelons, and life is good. But if the following year, 300 of the plot owners start letting people come in and use their soil however they like, the remaining 200 are stuck dealing with the potential consequences. One guy went and planted thistle, and the guy two plots away is planting lavender, and someone else planted cotton which would probably have been fine but now there’s a bull weevil infestation. Now the entire garden is suffering. If all 500 original gardeners were collectively responsible, it wouldn’t be such a challenge to face. But contacting absent gardeners to resolve the messes made by their amateur gardening buddies grows slimmer as the numbers climb– it’s just too much work for too few people.

In the story, your community is the garden, and the 200 who got stuck are the homeowners who are living in their own homes in the community. They are the ones left holding the bag when absentee investors do not respect the rules or engage with their community.

3 Ways Absentee Homeowners Can Hurt Your Condo or HOA

Making Quorum

Homeowner apathy has long been a thorn in the backside of HOAs and condo associations. From dismal meeting attendance to push-back on necessary assessment increases, condos and HOAs struggle when it comes to engaging with their residents. Now imagine half or more of your community’s homes aren’t owner-occupied or even human-owned if a business or conglomerate has bought them as an investment! Getting the votes to amend community documents, raising assessments, implementing special assessments–all of it becomes much harder, if not impossible, to accomplish. If homeowner delinquency reaches dangerous levels, coming back from those losses will be even more difficult to do successfully.

Community Comes Second

Especially when dealing with large, well-funded corporate investment entities, keeping your community, well, a community, becomes increasingly difficult. To a company, your community is a stream of revenue–it’s business! And that isn’t a bad thing on its own, but it can deeply impact everything that goes into creating a harmonious living space. Now it isn’t just about the maintenances that can’t get approved or the special assessments that are needed. Any changes to the community that help improve general camaraderie or success are likely to be shot down by those who are more concerned about their bottom lines than the welfare of families.

Investors Can Stage a Literal Coup

This is not a scare tactic or an “only in the right circumstances” situation we’re talking about–certain state laws, like Arizona’s Condo Act, include language that allows for Termination of Condominium in the event that a specified percentage of the units (80% in AZ) agree to terminate the community association. For investors, this means they could dissolve a community and force the remaining homeowners to sell their homes at “fair market value,” to be determined by an appraiser hired by the 80% calling for dissolution.

3 Ways HOAs and Condo Associations Can Push Back on Outside Investors

Keeping your community healthy is a necessity. Sometimes the best option is to stop potential nonsense before it has a chance to get out of hand. HOAs and condos have some options when it comes to weeding out the bad-faith investors and identifying the good ones that will contribute to your healthy community.

Set a floor.

Implementing rental minimums can be a huge help in staving off corporate investors. One popular option is imposing a minimum length for a lease. Dictating that leases must be over a certain number of days (30, for example) keeps away anyone trying to make a quick buck on pricey weekender rentals. You could also set a restriction on WHEN a tenant is allowed to begin leasing their units. Seven months is a common bar–it’s not so long that it turns away owners looking to have a winter or summer vacation property, but it’s longer than many corporate investors are willing to wait to begin renting a unit, especially when flips these days take so little time.

Set a ceiling.

Setting a bar on the maximum rental occupancy for the whole community is a brilliant way to stop investor encroachment. Limiting the rental percentage well below that 80% threshold we talked about is the simplest way to avoid investors taking over and dissolving your community out from underneath you and your homeowners. By setting a realistic, healthy rental percentage (which will vary by community size and location), boards can minimize the number of investors interested in buying property in the community.

Play to your strengths.

Your authority as the trustees of the community is likely the strongest asset you have when it comes to combatting absentee homeownership. Requiring board approval of all future tenants are one way of slowing short-term rentals. Requiring background checks on potential renters is another tool to utilize. They help protect the community, but also cost the landlord a nominal fee that really starts to add up the more tenants they bring in. And proper enforcement of your CC&Rs, like trash cans being left out too long or damages to community property, will make investors think twice about bringing in a high volume of unpredictable tenants.

Don’t Forget a Collections Plan

Outside investors are here to stay, for better or for worse. Sooner or later, they will have a space in your community, and when that happens, it’s important to consider what that means, and have plans in place to keep them in check. That includes a plan for community collections because even major corporate entities can fall behind on monthly assessments. Axela Technologies can help with any collections efforts your HOA or condo association has, including collecting from corporate investors. Call us today for your no-risk, no-cost consultation.

PROXIES: WHAT ARE THEY AND WHEN CAN WE USE THEM? By Eric Glazer, Esq.

PROXIES: WHAT ARE THEY AND WHEN CAN WE USE THEM? By Eric Glazer, Esq.

  • Posted: May 24, 2022
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PROXIES: WHAT ARE THEY AND WHEN CAN WE USE THEM?

By Eric Glazer, Esq.

The term “proxy” is often thrown around incorrectly.  In simple English, if you can’t make it to a meeting to actually cast your vote or appear in person, you sign a document called a “proxy” which allows someone else to appear on your behalf.  They act in your place.  The proxy form may give the proxy holder little power, or a lot of power, depending upon how the proxy itself is written.

As we should all know by now, a quorum of owners (in attendance by person or by proxy) is required in order to have the annual election.  Let’s say you cannot make it to the annual meeting, but you know that your neighbor Joe is going.  You can execute a limited proxy form, simply authorizing Joe to show up for you in order that your attendance be counted toward a quorum.  Or, you can give Joe more power and sign a general proxy, allowing Joe the ability to do all things on your behalf as if you were present.  This may include actually voting in the annual election for you, voting on waiving reserves, voting on adopting amendments to the governing documents and other different types of powers.

The BIG DIFFERENCE between condominiums and HOAs when it comes to proxies is that in an HOA, proxies are allowed when voting in the election, unless the documents say they are not allowed.  That’s why, the campaigning is even different in an HOA as compared to a condominium.  In an HOA, you don’t need your neighbor’s vote in order to win the election, you simply need their proxy.  If you get their proxy, on the night of the election, you can show up holding a dozen different proxies from 12 different homes and you would get 12 ballots, one for each proxy that you have.  Then, you would get another ballot for your own home.  You get 13 votes, even though none of the people that gave  you their proxy is at the meeting.

The condominium statutes do not allow for proxy voting in the election.  Why the two statutes should differ makes no sense, but they always have.  In a condominium, you can give your neighbor a proxy which allows them to appear on your behalf at the annual meeting, solely in order that your attendance be counted toward a quorum that is needed, but you can’t give them a proxy which turns over your right to vote to them.

Unit owners in a residential condominium may vote by limited proxies for votes taken to waive or reduce reserves,  for votes taken to waive the year end  financial reporting requirements; for votes taken to amend the declaration ; for votes taken to amend the articles of incorporation or bylaws pursuant and for any other matter for which the statute  requires or permits a vote of the unit owners.

To be clear, if you are going to be in attendance at a meeting where a vote is being taken on these issues, you do not need to sign a proxy form.  Unit owners may vote in person at unit owner meetings. This subparagraph does not limit the use of general proxies or require the use of limited proxies for any agenda item or election at any meeting of a timeshare condominium association or a nonresidential condominium association.

In a condo a proxy given is effective only for the specific meeting for which originally given and any lawfully adjourned meetings thereof. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given. Each proxy is revocable at any time at the pleasure of the unit owner executing it.  An example of a limited  proxy to use can be found by clicking here.

While the condo statute does not say what information the proxy must contain, the HOA statute does, and says:

To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. A proxy is revocable at any time at the pleasure of the person who executes it. If the proxy form expressly so provides, any proxy holder may appoint, in writing, a substitute to act in his or her place.

While the condo and HOA statutes allow the owners to vote by proxy if they can’t make it to a meeting, both of these statutes forbid directors from voting by proxy.    A board member cannot give another board member his or her proxy to vote on an issue the board must vote on, even if the board members is going to be out of town.  That board member can however take advantage of today’s technology and cast their vote by speakerphone or zoom.

There’s a lot to know about proxies…and hopefully this cleared up some of the confusion surrounding them.  Or…… did I just make it even more confusing than you thought?

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.

  • Posted: May 24, 2022
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Mosquitos or Midges BUGGING you?

Allstate Resource Management offers full-service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground. We can also stock lakes and ponds with mosquitofish which is a long-term biological control method that is also environmentally sensitive.
There is nothing like mosquito bites or midges to take
the fun out of activities this summer!
Before mosquitos or midges “BUG” you contact us at:
Direct: 954-382-9766 or info@allstatemanagement.com
CONTACT YOUR LEGISLATORS TO DEMAND THEY STOP TAKING RIGHTS AWAY FROM YOU….

CONTACT YOUR LEGISLATORS TO DEMAND THEY STOP TAKING RIGHTS AWAY FROM YOU….

  • Posted: May 24, 2022
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CALL TO ACTION!!!
CONTACT YOUR LEGISLATORS TO DEMAND THEY STOP TAKING RIGHTS AWAY FROM YOU AND INSTEAD PASS MEANINGFUL REFORM TO PROPERTY INSURANCE CARRIERS FOR YOUR PROTECTION!
Link above not working? Find your elected official and their contact info here:
This week, legislators are in special session in Tallahassee that was SUPPOSED to be focused on bailing out property insurance carriers and stabilizing the re-insurance market to drive down YOUR premiums and address abuses by the carriers.
Instead….the legislature is taking rights away from YOU.
If the language in HB1D (2022 special session) is allowed to become law, YOU as a property owner will be the one bearing the costs of an under-regulated insurance industry, because the carriers spend hundreds of thousands of dollars in lobbying and campaign contributions so the legislature only hears the carriers’ misleading statistics and summaries without supporting data to blame YOU for THEIR bad business and claims handling practices.
For years, the carriers have taken advantage of the lack of transparency and protective government oversight in the property insurance industry to reap millions in profits annually before misusing the insolvency system in Florida to get what amounts to a free bankruptcy proceeding that leaves ALL Floridians holding the bag.
CALL OR EMAIL YOUR REPRESENTATIVE and tell them not to vote for the problems this bill creates for YOU if this bill becomes law:
Roof Claim Separate Deductibles
YOU will be subject to additional higher deductibles if your roof is damaged, up to 50% of the cost to replace your roof OR 2% of the Coverage A limit in your policy (essentially any damage to your roof will come with your hurricane deductible if it has to be replaced).
For a $20,000 shingle roof, you could have to pay up to a $10,000 deductible!! For a $50,000 tile roof, you may have to pay up to $25,000 for your deductible!!
Carriers would get 45 days to inspect your property after any damages NOT caused by hurricanes, and impliedly even longer if there IS a hurricane
The law NOW already says the carrier has 90 days to adjust and pay or deny your claim. This new bill would mean YOU will have to wait up to FORTY-FIVE DAYS after you make a claim for damages that were caused by anything OTHER than a hurricane before your carrier has to show up and inspect the damages to determine whether and how much you are entitled to from your policy. Implied is that the carrier can take EVEN LONGER to inspect damages after a hurricane!!
Why do they need MORE time? Many states only allow 30 days TOTAL for a carrier to adjust AND PAY property damage claims, why do carriers need 45 days just to INSPECT the property in Florida? And why are you paying so much for your property insurance premiums if the carriers are so understaffed that they NEED 45 days send an adjuster out to inspect your property when there hasn’t even been a hurricane?
Carriers would NOT have to pay the full value of what they AGREE you are owed under your policy until YOU prove you paid your full deductible, even if your contractor is willing to work with you on a payment plan for higher deductibles
YOU will have to come up with the full amount your carrier agrees is owed AND your deductible before the carrier has to pay you BACK, because the carrier would now be allowed to withhold depreciation (which is FREQUENTLY more than 50% of the amount you are entitled to recover under your policy) until you “prove” you have paid your deductible. To avoid liens on your house or the damages continuing to get worse without making the repairs your carrier agrees your policy provides coverage for, YOU will have to be able to pay for up to half of the damages BEFORE the carrier pays you back – which can be thousands of dollars on even lower-value claims.
If your contractor is willing to do a payment plan for your hurricane deductible – which most are – they still have to protect their ability to recover for the work they do, so you may have to deal with a lien until you can afford to pay your deductible in full BEFORE the carrier would have to pay you the full amount they agree they owe you and which you have been PAYING FOR in your policy premiums every year.
This is a gut punch to everyone who does not have thousands of dollars lying around they can afford to throw at an unexpected property loss in this state.
Eliminates your right to assign benefits to a contractor who by law currently gives up the right to collect directly from you or lien your property if your carrier does not pay timely or enough money, leaving YOU on the hook for higher out of pocket expenses or dealing with liens on your property to get covered damages repaired
YOU will lose the ability to sign Assignment of Benefits giving contractors the rights to pursue direct payment for their services for things like tarps, emergency water mitigation, or repairs to protect your property from being damaged any further. Currently, the law protects YOU if you sign an Assignment of Benefits, because in exchange for the right to pursue direct payment on their own, the contractor with the assignment gives up their right to lien your home OR collect from you directly.
Without AOB’s, your insurance policy STILL requires that you take reasonable measures to protect your property from further damage, BUT you will have to pay out of pocket up front for all of those expenses because the legislature is trying to take away the ability of a company with an assignment of benefits to actually enforce and collect on it. The right to use an assignment is YOUR right if you need it to get
If Assignment of Benefits are allowed to be rendered meaningless as the legislature is trying to do, in the event of a hurricane, tree falling on your home, pipe burst, or any other unexpected event causing immediate damage to your home that needs to be addressed, YOU will have to come up with the thousands of dollars that it costs to complete those immediately necessary repairs and LOSE the ability to use an assignment of benefits, which currently allows YOU to receive those services NOW, and the contractor to collect directly from your carrier later, without any extra work for YOU.
If you do not have thousands of dollars on hand, YOUR options under this proposed law that eliminates assignment of benefits from being used would be:
1. Have the repairs, tarping, or mitigation work done and have a lien placed on your house if your carrier does not pay for those expenses before they are completed. This can cause issues for YOU when you want to sell your home!
2. File a lawsuit yourself for the value of services you needed to have performed in order to clear a lien on your property, taking away your right to assign the benefits to a contractor willing to wait to get paid by your carrier (at no additional expense in time or money) to YOU.
3. Wait to make any repairs or remediation measures until your carrier decides to pay your claim (because you can’t afford to make them on your own, which is WHY YOU HAVE INSURANCE) at which point your carrier could deny your claim entirely because you did not fix the immediate problems and the damages kept getting worse.
Immunizes carriers from the consequences of engaging in Bad Faith claims handling if your carrier decides to use appraisal to determine how much they owe you, which costs YOU money you will now never be able to get paid back
YOU will have to bear the costs associated with a prolonged appraisal process and the legislature is removing your ability to get repaid for those costs from the carrier. Currently, you can provide written communication to your carrier to tell them they are unlawfully delaying or failing to use good faith to ensure a fair resolution of your claim, and IF the carrier decides to invoke appraisal to have independent adjusters decide the amount they owe, the law NOW allows you to recover the thousands of dollars it costs YOU to go through appraisal from your carrier, so long as you gave them notice of their failure to handle things properly before the appraisal process begins.
The proposed legislation takes away your ability to get that money back and leaves you without any recourse, because the proposed language immunizes your insurance carrier from having to pay for their bad faith handling of your claim if they use the appraisal process, which can cost YOU thousands of dollars if your carrier invokes it rather than pay your claim properly to begin with.
THESE PROPOSED CHANGES HURT CONSUMERS, AND YOUR VOICE MATTERS, ESPECIALLY IN AN ELECTION YEAR!
MAKE YOUR VOICE HEARD! CALL AND DEMAND THE LEGISLATURE IN FLORIDA STOP TAKING RIGHTS AWAY FROM YOU AND FOCUS ON REGULATING THE CARRIERS TO PROTECT YOU, NOT MAKE IT MORE DIFFICULT TO COLLECT PROCEEDS YOU ARE OWED IN YOUR TIME OF NEED!
Link above not working?  Find your elected official and their contact info here:
Our Contact Information
Floridians Advocating Consumer Transparency, Inc.
501 E. Las Olas Blvd. Ste. 200/300
Fort Lauderdale, FL 33301
561-490-7460
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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.
(407) 478-4878
No matter what your goals are for your outdoor living space, Jansen Shutters & Specialties can help design exactly what you are looking for.

No matter what your goals are for your outdoor living space, Jansen Shutters & Specialties can help design exactly what you are looking for.

  • Posted: May 24, 2022
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The Jansen Family have been serving the homeowner and construction industry of the Florida Gulf Coast from Fort Meyers to North Tampa, Tarpon Springs and the Islands since 1973. In 2002, Phillip Jansen and his son Travis opened Jansen Shutters & Windows with the intention of providing the best hurricane protection necessary to ensure the safety of your family and business.

As our company grew we expanded out product line to include, Out Door Living Products. Which includes our exclusive “Jansen Vista” Motorized Insect Screens, Fabrication, Louver, Pergolas and more. We are proud to say everything we manufacture is American Made. Our work does not stop at installation, we believe it is necessary to educate our customers about the products we provide. So you can pick the best products that fits your lifestyle and budget.

 

Providing Hurricane Protection, Storm Protection Products, Hurricane Windows and Entry Doors in Sarasota, Venice, Englewood, Boca Grande, Punta Gorda, Port Charlotte, Osprey, Nokomis, Long Boat Key, Bird Key, The Keys, Siesta Key, Casey Key, Manasota Key, Bradenton, Pinellas, Tampa, Odessa, Parrish, St. Petersburg, Clearwater, Anna Maria Island, City of Sarasota, Cape Coral, Tarpon Springs, and all surrounding areas.

On this home we installed rolling screens along with a large retractable awning to provide shade whenever needed.

Rolling shutters provides the ultimate security and protection for your home.
Jansen Shutters & Specialties manufactures two types of rolling shutters for your storm shutter needs. Give us a call to schedule your free estimate. West coast of Florida call (941) 484-4700 or east coast call (407) 686-4117.

 

 

If you are looking for a screen to install on your garage door opening, give us a call. In addition to replacing your garage door, we can also provide a custom insect screen that will allow you to use your space in your garage without worrying about pesky flying pests.

Give us a call on the west coast of Florida at (941) 484-4700 or on the east coast at (407) 686-4117.

 

 

Jansen Shutters & Windows

941-484-4700

It is our goal to shelter your family, protect your investments and secure your well-being.

Give us a call today and we can help you no matter what you are looking for.

Call us at (941) 484-4700 (West Coast FL) or (407) 686-4117 (East Coast FL).

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Attn: Our internet and phone systems are down due to construction next to our Main Office.

Attn: Our internet and phone systems are down due to construction next to our Main Office.

  • Posted: May 16, 2022
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Again we find ourselves without Internet and Phone System.

Our Offices were again impacted by a severed communication line, the neighboring construction has cut through a communication line four times in the last 2 months.  This morning speaking with the construction foremen he stated they would do everything they can to get the building back on line……but they have to have this repairs done by the communications company / Comcast.

Please contact us by Email:  membership@sfpma.com 

all phone lines (voip) are down through the internet.

Sorry for any inconvenience.

SFPMA

Collection Laws in Every State, How The State and Federal Government Regulates Collections

Collection Laws in Every State, How The State and Federal Government Regulates Collections

  • Posted: May 16, 2022
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Collection Laws By State

While each state must follow the FDCPA, most have additional laws that regulate how debt collectors interact with consumers. Use the map below to learn how your state regulates these laws.

Don’t see your state? Axela Technologies is licensed to do collections in every state. We are taking care to build out a comprehensive guide outlining collection laws for each state. Keep watching this space!

 

The Fair Debt Collection Practices Act

Axela Technologies provides no cost and no risk collections for community associations using best practice collections strategies, advanced proprietary technology, and highly trained customer service representatives. We are licensed in across the United States and compliant with the Fair Debt Collections Practices Act (FDCPA).

The FDCPA is a federal law that prevents debt collectors from harassing or misleading consumers. It covers debt collection for mortgages, credit cards, personal loans, medical debt and other types of debt for personal use. Many states have their own fair debt collection laws as well. Some of these laws mirror the FDCPA. However, some offer more protection to consumers by, for example, covering creditors as well as collectors, specifying additional types of behavior that violate state law, or providing for additional types of damages. Below you can learn about the fair debt collection laws in various states.

HOA and Condo Delinquency Collection For Community Associations.

We are a specialized collections service which means a great deal in the community association industry. Understanding the nuances of how people fall behind in their maintenance fee payments and how to resolve their issues is a science and an art. At Axela Technologies we have what it takes to “move the needle” and recover 100% of what is owed to the association and the best part is that we are totally merit based. IF WE DON’T RECOVER YOUR MONEY WE DON’T GET PAID. A pretty simple concept but a bold promise at the same time.

Our proprietary software is second to none and we have the ability to keep the management and board of directors informed in real time 24/7. Our system never sleeps. The technology is fantastic and is only equaled by the people who will service your delinquent members and work with them to resolve their delinquency issues.

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Mechanical harvesting vs. hydro-raking… Which tool is the best fit for your waterbody?

Mechanical harvesting vs. hydro-raking… Which tool is the best fit for your waterbody?

  • Posted: May 16, 2022
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Mechanical Weed Removal for Lakes & Ponds

Discover how to naturally manage aquatic weed growth in your waterbody via hydro-raking or mechanical harvesting.

The answer depends on several factors, including the type of vegetation you want to be removed.

Both solutions allow you to naturally remove nuisance aquatic weeds with instant results, but which one is best for your lake or pond?

 

Harvesting or Hydro-raking? Which Mechanical Pond Weed Removal Option is Right For You?

There is rarely one specific remedy for helping restore a waterbody. Often times, restoration includes a multiyear management program encompassing a combination of aquatic management tools and techniques, such as herbicide and algaecide treatments, nutrient remediation, aeration and biological augmentation. Mechanical removal is an additional management method that may be incorporated into a restoration program, and has a number of ecological benefits including nutrient mitigation, water circulation and open water habitat restoration.

Mechanical aquatic weed removal services encompasses two distinct management tools and approaches: aquatic weed harvesting and hydro-raking. While both provide ecological benefits, it is important to distinguish which option is better-suited for the specific management objectives of your lake or pond.

Before & After Mechanical Harvesting

  • Vegetation Removal via Harvesting
aquatic weed control - wetland invasive weeds - algae and aquatic weed control - hydro-raking - mechanical harvesting - water quality - before 1aquatic weed control - wetland invasive weeds - algae and aquatic weed control - hydro-raking - mechanical harvesting water quality - after 1

Mechanical Harvesting for Pond Weed Removal

The aquatic weed harvester is a floating barge that cuts and effectively removes nuisance vegetation and algae from the surface of the waterbody. The plant material is collected and then offloaded, either into a container to be transported offsite or to a designated onshore compost area.

Mechanical lake weed removal offers an eco-friendly solution that does not create temporary water use restrictions during or after the work. For sensitive aquatic ecosystems, it can act as an alternative to herbicides. Mechanical harvesting can be an ideal management option for annual plants that are invasive or at nuisance levels. The aquatic weed harvester has been proven effective on water chestnut (Trapa natans), giant salvinia (Salvinia molesta), water soldier (Stratiotes aloides), and water hyacinth (Eichhornia crassipes).

Mechanical Harvesting In Action

Before & After Hydro-raking

  • Vegetation Removal via Hydro-raking
Before_Hydro-Raking Invasive Maidencane (1) - sediment removal and dredging servicesAfter_Hydro-raking Invasive Maidencane (1) - sediment removal and dredging services

Hydro-Raking for Pond Weed Removal

The hydro-rake is also a floating barge run by two hydraulic paddle wheels, but is equipped with a 12-foot hydraulic arm with a rake attachment that is used to rake the pond bottom and remove detritus, organic sediment and aquatic vegetation with attached root systems. The hydro-rake, having no on-board storage, must offload the collected material directly onshore or onto a transport barge for removal.

Hydro-raking can be an effective alternative to herbicide and algaecide applications, but it has also proven effective in unison with these treatments. When managing emergent or floating leaf species, such as common reed (Phragmites australis) or water lily (Nymphaea sp.), herbicide application is often the first management approach, followed by hydro-raking. Hydro-raking is commonly utilized after control, to collect the plant biomass and associated root structure, negating it from contributing to the organic matter substrate below. This approach has proven effective on a number of aquatic plants such as cattails (Typha sp.), purple loosestrife (Lythrum salicaria), pickerelweed (Pontederia cordata), watershield (Brasenia schreberi) and Alligator weed (Alternanthera philoxeroides).

Hydro-raking can also serve as a more environmentally friendly and cost effective alternative to dredging. Additionally, if a lake or pond is periodically maintained through hydro raking, the need to perform a large scale dredge project may be negated, saving financial resources and prolonging ecological disruption in the process.

Hydro-raking In Action

Benefits of Mechanical Lake Weed Removal

Both aquatic weed harvesting and hydro-raking collect plant biomass before it decomposes and contributes to the organic muck layer, maintaining or increasing overall water depth. In addition to the plant biomass, these mechanical options remove the associated nutrients (phosphorus and nitrogen) that contribute to increased plant and algae growth and, potentially, eutrophication.

These management techniques are used in a wide variety of projects on private, public and state waterbodies to help maintain or restore the open water space of shorelines, coves, inlets and outlets. Depending on the lake management objective and the target aquatic species for control, mechanical projects are usually part of a multiyear program. The next time you look out at your lake or pond, remembering its former attributes and beauty, consider investigating how mechanical lake weed removal services can be applied to help restore balance to your aquatic ecosystem.