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Ever wondered how some associations got their sweet bulk cable or internet deals?

Ever wondered how some associations got their sweet bulk cable or internet deals?

  • Posted: Jun 05, 2021
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Ever wondered how some associations got their sweet bulk cable or internet deal? Well, now you can learn about it with this awesome, free webinar on June 11th.

Andrew Black, Esq., BCS from KBR joins Hotwire Communications for ‘How to Negotiate Telecommunications Contracts’.

Click the link to RSVP for free: https://zoom.us/webinar/register/WN_KHffyhMCRR6VYBimTy0BFw

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Becker’s Donna DiMaggio Berger and CastleGroup’s James Donnelly offer specific instructions on how your community can safely weather the impending storms.

Becker’s Donna DiMaggio Berger and CastleGroup’s James Donnelly offer specific instructions on how your community can safely weather the impending storms.

  • Posted: Jun 05, 2021
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NEXT WEEK! It’s #hurricane season and all Floridians – new transplant, veteran resident, or snowbird alike – need to brace for the inevitable impact.

Let #Becker’s Donna DiMaggio Berger and #CastleGroup’s James Donnelly offer specific instructions on how your community can safely weather the impending storms.

Register for the June 9th Association Leadership webinar today!

http://ow.ly/kxm450F2jtU

 

Association Leadership Webinar – Season 2, E17

Castle Group invites you to join us for a very important episode of Association Leadership: Hurricane Season. Experts are predicting the potential for more than 20 named storms this hurricane season with a good chance that three to five of them will directly impact the U.S. Please join us for this important episode which will help prepare your community for a potential hurricane. Our Founder and CEO, James Donnelly will be hosting this live webinar with legal expert Donna D. Berger, Esq.

Wednesday, June 9, 2021

12:00PM – 1:00 PM

Register to join by clicking the registration button below.

Register now

Mosquitoes Are Coming. Be Prepared.

Mosquitoes Are Coming. Be Prepared.

Tips To Reduce Mosquitoes & Disease In Your Community

We welcome longer days and warmer weather, but mosquitoes are part of the deal. Unless you’re one of the lucky few who these pesky insects don’t bother, it can be challenging to avoid them. And, unfortunately, itchy bites aren’t the only effect mosquitoes can have – they are also the most common vectors of harmful and sometimes deadly diseases, including West Nile virus, Malaria, Chikungunya, and Zika virus.

Cold-blooded mosquitoes thrive in warmer temperatures and can get dangerously out of hand without proper management. To protect yourself during outdoor activities all summer long, consider these simple, natural, and effective ways to limit their impact.

mosquito breeding habitats

Eliminate Breeding Habitats

Throughout her six- to eight-week lifespan, a female mosquito will lay about 300 eggs, often in standing or stagnant water. Clearing gutters, picking up litter, and emptying buckets and small outdoor containers can help decrease the number of available habitats for mosquitoes to reproduce and thrive. And don’t forget to educate family and neighbors to do the same.

Fountain

Circulate Stagnant Lakes & Ponds

In aquatic environments such as lakes, ponds, and stormwater basins, the introduction of a floating fountain or submersed aeration system can help consistently circulate warm, stagnant water to create unfit mosquito breeding grounds. Simultaneously, these systems can help impede the growth of algae and nuisance weeds by supporting ideal water quality conditions.

Treat Undesirable Aquatic Plants

Stagnant water pockets in ponds can also be eliminated through the removal of phragmites and non-beneficial floating and emergent vegetation. Effective solutions may include mechanical harvesting, hand-pulling, or highly-targeted herbicides, to name a few. Your aquatic specialist can help you identify the appropriate option for your waterbody.

Buffer-Plants_Pickerelweed

Plant Vegetation That Attracts Dragonflies

Dragonflies can feed on hundreds of larvae and full-grown mosquitoes each day. The introduction of native, beneficial vegetation around your pond, like blue flag iris, pickerelweed, arrowhead, spatterdock, lizard’s tail, and various types of rushes and sedges can help attract predator dragonflies to your property.

Natural and Effective Mosquito Control Preparation

Stock Fish That Feed On Mosquito Larvae

Stocking a lake or pond annually with fathead minnows, bluegill, and mosquitofish can help prevent mosquito larvae and adult mosquito infestations throughout the summer. Check with an experienced fisheries biologist about your state’s specific stocking regulations.

SOL_VDCI_drone-aerial-application-lake-and-pond-management-wetlands-algae-and-aquatic-weed-control

Integrate Sustainable Biological Larvicides

If the above natural management methods aren’t making enough of an impact on pesky mosquito populations, a safe EPA-registered biological larvicide or insecticide may be used. When applied by a professional, either via ground services, drones, or even aerial fleets, this method is extremely safe and effective.

 

Consider A Proactive Comprehensive Management Plan

An Integrated Mosquito Management (IMM) program leverages science, technology, and strategic, environmentally responsible applications to target the insect through each phase of its lifecycle. Thorough site assessments, surveillance, and disease monitoring are all a crucial part of a successful mosquito management program.

It’s critical for communities to understand the threats posed by mosquitoes, educate their residents, and implement a preventative management plan before peak mosquito season arrives. Now that the days are getting longer and warmer, take some time to prepare for a mosquito problem before mid-summer hits—your bare skin will thank you!

 

Condo Craze & HOA’s w/ Eric Glazer

Condo Craze & HOA’s w/ Eric Glazer

  • Posted: Jun 05, 2021
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Condo Craze & HOA’s w/ Eric Glazer

SUNDAYS 11AM-12PM

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

http://condocrazeandhoas.com/

 

Pipe Restoration Solutions – Pipe Inspection Pipe Cleaning Pipe Lining and Pipe Replacement Company

Pipe Restoration Solutions – Pipe Inspection Pipe Cleaning Pipe Lining and Pipe Replacement Company

  • Posted: Apr 25, 2021
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Pipe Restoration Solutions – Pipe Inspection, Pipe Cleaning, Pipe Lining and Pipe Replacement Company

PRS is a State of Florida Certified Plumbing Contractor that specializes in full pipe restoration.

Whether it be sanitary sewer or storm, potable water, fire suppression or HVAC chiller lines, our goal is to provide solutions to the failing piping infrastructure utilizing the latest plumbing and trenchless technology available. We also carry a State of Florida Class “A” General Contractor’s license which sets us apart. This allows us to really understand and prepare to deal with accessing the failing pipe. If needed, we are bondable and carry a low bonding rate through our surety company.

No one wants to have a broken pipe during the Holiday Season!

Contact us today: Have your Pipes Inspected, Cleaned, Lined and Replaced to Avoid Problems 

We also proudly serve Naples, Miami, Ft. Lauderdale, Lee County, Pinellas County, Pasco County, Polk County, Hillsborough County and Charlotte County. We have local crews in all areas. Call Us Today!

 

Pipe Restoration Solutions – The Industry Experts
Call or contact “RonnieG” The Pipe GuyPipe Restoration Solutions today to schedule a consultation.
In Florida call Me Ronnie-G😎 “The Pipe Guy” Problem with a Pipe? Sewer, Storm, Potable Fresh Water, Call or Text Ron Giles at 561-602-8660 or email ronnieg@prspipe.com
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The New Order:  Broward County Emergency Order 21-01

The New Order:  Broward County Emergency Order 21-01

  • Posted: Apr 23, 2021
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Since March 2020, Florida’s Governor has issued a series of Emergency Orders designed to curb the spread of COVID-19, including Emergency Orders prohibiting certain
establishments from operating and imposing regulations on those establishments that were allowed to operate;

Read the New Order: 
Broward County Emergency Order 21-01

 

 

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Vaccination ID’s  To Require Or Not To Require, That Is The Question by KBR Legal

Vaccination ID’s To Require Or Not To Require, That Is The Question by KBR Legal

  • Posted: Apr 07, 2021
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Vaccination ID’s

To Require Or Not To Require, That Is The Question

 

Florida’s community association board members are wrestling with many amenity re-opening decisions these days. One such decision is whether or not to open the community clubhouse including the card rooms, bingo, and even off-Broadway like shows. As a part of that decision making process, board members may be considering requiring proof of vaccination as a pre-requisite to such use.

 

While ultimately a decision within the business judgment of the board, requiring proof of vaccination prior to allowing use of an association amenity is not recommended. Do you remember the ol’ adage, “no good deed goes unpunished?” Well, requiring proof of vaccination from the members prior to allowing use of the clubhouse, no matter how well intended, could likely lead to significant and costly problems for the association who fails to heed the warnings set out in this article.

 

When acquiring medical information of members, the board’s duty, pursuant to relevant law, is to keep such acquired medical information confidential. Requiring proof of vaccination to use amenities will no doubt lead to a significant breach of that duty.

 

Another reason not to require proof of vaccination is that doing so will lead to creating two classes of members. The vaccinated members who are allowed to use the amenities and the unvaccinated members who are not allowed to use the amenities. Yet, all members pay for access to use the amenities in proportion to their assessment obligation. Therefore, this practice could expose the association to adverse litigation from the upset unvaccinated members.

 

If the aforementioned two reasons are not sufficient to dissuade you, then consider this: A member may choose not to be vaccinated for religious reasons. In this situation, by requiring proof of vaccination the association will be exposing itself to a claim of religious discrimination.

 

If the association opens an amenity, then the amenity should be available to all members for use without consideration of vaccination. If that is a concern, then perhaps waiting a short while longer to open the clubhouse or other amenity makes the most sense. Remember, too, that when you do re-open to adhere to CDC protocols as may be appropriate for your community such as mask wearing, social distancing, and sanitizing. As a part of the re-opening procedure, please consult with your association’s attorney regarding the do’s and don’ts.

 

 

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CALL Alert: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

CALL Alert: Limiting Liability for COVID-19; Criminalizing Inspections & Elections; Permitting Single Petition Property Tax Appeals

  • Posted: Mar 30, 2021
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This week, we’re going to discuss a few bills that will impact all types of Florida community associations.

CS/HB 7 /SB 72 (Brandes) are bills which would protect “business entities” against COVID-19 related claims for damages, injury or death. These bills do include condominiums, cooperatives, and HOAs within the definition of a business entity. Given that most association policies have coverage exclusions for communicable diseases, these bills could help insulate associations from frivolous COVID-19 claims in the coming months or years.

In order to be eligible for this protection from civil liability, a defendant would have to show that it made a good faith effort to substantially comply with authoritative or government-issued health standards or guidance at the time the cause of action accrued. Most community association boards have wisely followed the advice of medical professionals such as the CDC, DOH, and local government health officials when crafting and enforcing COVID-19 safety protocols.

SB 1998 (Pizzo) would create a new Section 718.1285, F.S. outlining fraudulent voting activities which would subject violators to a potential felony charge in the third degree.

  • This bill would require boards to provide an itemized list to the individual requesting a document inspection, and require a sworn affidavit from the person handling the document inspection request regarding the veracity of the itemized list. Any director or manager who knowingly, willfully, and repeatedly violates these requirements would commit a misdemeanor of the second degree.
  • This bill would also require associations operating twenty-five (25) or more units to maintain a website on which their official records must be posted. Currently, associations operating 150 or more units must maintain an association website for this purpose so, if passed, this bill will require thousands more Florida communities to set up websites.
  • SB 1998 would permit a condominium association to file a single joint petition for a tax appeal and makes the use of a debit card a theft even if done so by mistake.

Conducting elections and overseeing document inspection requests are two areas where deadlines can easily be missed and mistakes made. Even without the penalties imposed by a bill like SB 1998, it is important that boards and managers have comprehensive election and inspection protocols and policies in place. Reaching out for guidance from your legal team is also advisable.

Lastly, HB 649 (Fernandez & Barquin)/SB 996 (Garcia) would also allow condominium and cooperative associations to file a single joint petition on behalf of their unit owners with the value adjustment board to appeal property taxes. Unit owners could opt out but they would have to do so within fourteen (14) days from receipt of the association’s notice or they will be included in the association’s petition.

RESOURCES

Please continue to utilize our Bill Tracker which is updated weekly thanks to Becker attorney Maritrini Soto Garcia. This tool allows you to review all of the bills CALL is tracking and see where they’re headed.

Please also use our Legislator Connect tool to contact your representatives as well as the Committee Members hearing these bills. Please do not underestimate your ability to make a difference in terms of which bills pass and which are defeated.

ICYMI: Make Your Documents Work For You

Curious about amending your documents to get ahead of the annual legislative changes? Check out Make Your Documents Work For You. My partners – Ken DirektorJoe Adams – and I discussed what changes you should consider, how to increase your likelihood of getting your amendments passed, and what to expect in terms of costs and timelines. Click here to watch the replay!


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.

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ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

  • Posted: Mar 30, 2021
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ARE YOU SURE YOU CAN SCREEN EVERYONE WHO LIVES IN THE HOUSE?

Glazer & Sachs, P.A.

I often times get phone calls from board members who are upset about the fact that some new owner went through the screening process, filled out the application, paid the fee and showed up for an interview. But it turns out that there are more people living in the unit than expected and none of them went through the screening process!  After all, doesn’t everybody who is going to live in the unit have to be screened and approved, except for children?

The screening, approval and denial process is often times complex.  As I always say, some boards think they have an inherent right to screen, approve and reject potential buyers and renters, simply because they are the board of directors.  They are wrong.

The ability to screen, approve and reject needs to be specifically granted to the Board of Directors in the governing documents.  For the sake of this discussion, let’s assume the docs have language that allows the board to screen, approve and reject potential buyers of a unit. Now, let’s assume that the buyer passes the background check with flying colors and is welcomed into the community.  A few days later, that buyer brings in her boyfriend, parents, nieces and nephews.  Do they have to be screened and approved?

In my nearly 30 years of practice, it is extremely rare that I find provisions of a declaration that would require everyone to be screened.  At best, the documents allow the “buyer” to be screened and approved.  In addition, there is always language in a declaration that basically says: “the unit is to be used as a single family residence by the owner, his or her family members, invitees and social guests.”  Reading all these provisions together, it is clear that once that buyer is approved, that buyer can bring in their family and guests into the condominium or HOA without any of them going through the screening and approval process. That’s right, a guy like Charles Manson may have just slipped through the cracks because your documents were not up to par.

And forget any argument that there really is not a “family” living in the unit when the occupants are unrelated.  The definition of “family” is broadly defined and really includes almost any people that are simply living together.

So, the tip for the day is……..if you want to ensure that every occupant who will be living in the home or unit is screened and approved, be clear and unambiguous about it in your governing documents.

Review your governing documents carefully and make sure they say what you think they say or want them to say.  And to be safe, get the advice of your association’s counsel so you don’t get sued for trying to kick someone out that has every right to stay.

 

Board Member Mistakes: How to Avoid Them

Board Member Mistakes: How to Avoid Them

  • Posted: Mar 30, 2021
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Board Member Mistakes: How to Avoid Them

Community association boards are bound to face many difficult decisions in the course of their work. Conflicts between individual owners and the board, financial hardships, unexpected disasters: there are many points where decisions need to be made, and a good board want to make choices that will benefit the entire community, not just a few owners or influential board members. When an HOA board gets it wrong, it can take time and hard work to build back trust and community commitment.

Here are a few examples of mistakes that community association boards can make, and some tips on how to avoid them in your board.

1. Inaction on important issues

Whether it’s refusing to take action against a board member who committed a wrong, or ignoring a troubling budget issue on the horizon, it’s never a good idea for a board to put off taking action. Serious issues won’t just resolve themselves, and odds are that the board will find itself dealing with the same issue in the future. It might also snowball into a worse problem.

Not only does inaction risk a larger problem down the road, it sets a bad precedent for community members and future board members. To avoid this mistake:

  • Recognize issues that are serious or might become serious.
  • Don’t be afraid to take action against any owner or board member if it’s really necessary, no matter how important or vocal they are.
  • If the board can’t come to an agreement about a difficult decision, don’t just abandon it. Call in outside experts and stick with it until something is done.

2. Making policy exceptions for just one or two owners

if your board makes a hasty decision that benefits just one or two community members, it could come back to hurt the entire association in the future. Not only can those decisions be called into question by new boards in the future, they may often be made without proper documentation, budget changes, or policy changes.

While you might genuinely want to help a community member who’s in a tough spot, you need to take a step back and look at what is best for the association as a whole. In the example cited above, waiving fees for members who were hit by a natural disaster caused a budget shortfall for the HOA, and created a tangle of legal and policy issues for a new board. To avoid this mistake:

  • Consider any individual’s request in the context of the association as a whole.
  • Look at existing policies for ways to help them that don’t require special treatment.
  • If you do decide to change policies or make an exception, definitely be sure to document everything in meeting minutes and memos so that future boards are less likely to retaliate.

3. Being “penny wise and pound foolish”

Many community association board mistakes revolve around budgeting, a challenging issue for any board. It can be very tempting to defer maintenance, make inexpensive choices when having work done, or make other decisions intended to reduce expenses. But putting off maintenance now can lead to larger, more costly issues down the line. Doing “band-aid” repairs or maintenance rather than investing in upgrades can also end up costing more over time.

To make good financial choices while staying within the association’s budget:

  • Look at the long-term impact of any maintenance issue that you want to delay – what will it cost if the system breaks in a few months?
  • If you’re considering a “band-aid” type of repair, price out the cost of several such repairs compared to the cost of doing a full repair or replacement.
  • Consider increasing assessments or implementing a special assessment to make necessary repairs and perform maintenance.

To avoid these and other community association board mistakes, consider using a property management company who can improve board decision-making and communication

 

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