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Should Your Condo Association Adopt Online Voting? by Becker / BECKERBALLOT

Should Your Condo Association Adopt Online Voting? by Becker / BECKERBALLOT

  • Posted: Nov 04, 2024
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Should Your Condo Association Adopt Online Voting?

by Becker / BECKERBALLOT

Many associations are considering whether to adopt online voting (or “E-Voting”). Legislation took effect enacting Section 718.128, back in July 2015.  Florida Statutes, permitting condominiums, cooperatives and homeowners’ associations to conduct elections and other owner votes through the use of “an Internet-based online voting system.” This article will discuss how to do so and what the advantages are.

The first step is for a Board to decide if they wish to offer electronic voting to their members. Florida Statutes 718.128 requires associations to adopt a board resolution approving electronic voting before they can utilize this type of voting process. The resolution must determine the manner in which online voting will be conducted such as procedures, deadlines, opportunities to consent to and participate, or opt out. The resolution must be considered at a board of directors meeting on 14 days of notice. A copy of the resolution must be provided to owners.

 

The resolution must provide that:

All unit owners receive notice of the opportunity to vote through an online voting system prior to each election or other unit owner vote in which the association authorizes online voting;
The deadline to consent, in writing, to online voting must be no less than 14 days before the election or other unit owner vote;
A method to authenticate the unit owner’s identification to the online voting system;
A method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot; and,
A method to confirm, at least 14 days before the voting deadline, that the unit owner’s electronic device can successfully communicate with the online voting system.

The first of these requirements will ensure continual notice under circumstances in which online voting is conducted on an ongoing basis, avoiding situations where new owners are unaware of their right to opt in, and the latter prevents issues arising from last minute consents, and protects against fraud.

 

The following are other significant requirements contained in the legislation:

The e-voting system must provide the owner with a receipt, including the specific vote cast, the date and time of submission, and the user identification.
The e-voting system must also produce an official record for the association identifying the specific votes cast on each ballot and the date and time of the receipt of each electronically submitted ballot. The association must then maintain this record.
Votes in an election of directors shall not be accessible to the association prior to the scheduled election. Failure to comply will void the election.

In associations where voting participation is an issue, online voting can greatly increase participation and generate enthusiasm for the voting process. Online voting can also lessen the risk of fraudulent elections. While the costs for use of online voting software are likely to exceed mail out costs in many associations, such costs can be mitigated over time, and associations have flexibility in determining whether particular meetings will utilize online voting (i.e. – it is not an all or nothing decision).

Associations choosing to move forward must take care to confirm that they are using a vendor that understands and complies with the technical requirements. Like all other vendor contacts, it is critical to discuss the terms with legal counsel, who can also determine whether the system to be utilized is compliant. As meetings approach where online voting will be conducted, the use of online voting will require certain additional disclosures and instructions to members in relation to the process. Contact an attorney with experience in condominium and homeowners association (HOA) law with any questions.

 

Our industry has a few that we looked into: one comes out as a leader

BECKERBALLOT  

Today is the day you’ve been waiting for –BeckerBALLOT.com is LIVE! We have partnered with SHYFT digital to offer an easy-to-use, secure, electronic-voting solution for community associations across the state of Florida and beyond. It’s the same great software – only better!
What you can look forward to upon signing up:

  • Increase membership participation and significantly reduce the labor involved in tallying paper votes.
  • Members can cast their votes from the convenience of their home, office, or anywhere they have access to an internet connection.
  • Admins can tally votes electronically, making the process faster, more accurate, and less prone to human error.
  • Eliminate typical errors and judgment calls associated with manual paper votes.
  • Easily solicit opinions using our survey tool to make informed decisions for your association membership.

We now offer flexible pricing, as well as a survey feature when you sign up for annual unlimited voting. The survey tool allows you to poll your community association without conducting an official vote.

Also, did you know that if you become a Becker annual retainer client, you will receive, among other benefits, a significant discount on BeckerBALLOT?

 

 

 

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Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

Want to take part in the decision making, step up, and run for the board. Learn about Boards how they function and How to Run Decision Making Meetings.

  • Posted: Nov 04, 2024
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Everyone has something to say about the Boards Decisions, but not many want to become a board member!

When an owner approaches me to complain about the decisions of the board of directors at his or her association is;  The First Question I ask is- “did you attend the meeting that decision was made at?” The Second Question is- “have you considered running for the board so that you can be part of the decision-making process?” All too often the answer to both questions is no. If you want to understand why your board makes the decisions they make and possibly influence those decisions the best way to do this is to attend the board meetings and comment on items you have knowledge or concerns about on the agenda. Want to take part in the decision making, step up, and run for the board. – by Royale Management Services

 

The vast majority of business decisions are made in meetings. While small decisions are made in all kinds of meetings, the more important decisions often get their own dedicated meetings.

There are different types of group decision making processes, and care should be taken to choose a process that best matches the situation. A decision making process can include group activities like information gathering and sharing, brainstorming solutions, evaluating options, ranking preferences, and voting on the final options. Below are the most effective ways of running decision making meetings.

 

Primary Goals for Decision Making Meetings

Goals for a decision-oriented meeting can vary a little based on the type of decision being made, but they are always centered on coming to a consensus about a future plan. It is important to remember that the goal of these meetings also includes planning how to best execute the decision that has been made.

Make the best possible decision

If a decision making process is flawed and dysfunctional, the decisions will be bad.

By involving a group in making a decision you can rely on collective intelligence; knowledge beyond what is possible with individual decision makers. Because each participant has unique information and perspectives, combining group information leads to more informed decisions. However, it is important to use meetings designed specifically for group decisions efficiently, to not waste the group members’ time.
If all planning decisions were made by one person, not only would the choices be uninformed, there would also be little unity around team goals and direction.

Planning for execution

When individuals feel that their opinion has been considered in the group planning, they are more likely to embrace the decisions and work to carry out those goals.

Most discussions of decision making assume that only senior executives make decisions or that only senior executives’ decisions matter. This is a dangerous mistake.

Participatory decision making leads to increased team productivity and likelihood of goal execution, because team members feel ownership and responsibility for the decisions made.
Addressing both short term and long term goals at your decision making meetings is a great way to make sure team members leave with a direction and know the next steps. The short term plan can be as simple as outlining action items and assigning tasks. In the long term it could mean setting a timeline of general dates and milestones. Initial planning can be an effective way of aligning the group and cementing the decision that was made.

 

 

Key Roles in Decision Making Meetings

The participants in decision making meetings may play different roles. Understanding the distinctions between these levels of involvement is a useful way of holding members accountable for their role in implementing decisions.

Meeting leader

In order to avoid getting off topic it is recommended that one person be in charge of guiding the direction of team negotiation. In addition, it can be helpful to use some elements of status update meetings in order to have meeting attendees present and be held accountable for research into the decision being made.

Those with authority to carry out the decisions

For decision making meetings it is particularly important to include all relevant persons with authority to carry out the decision. If decisions are made without including the relevant people, it can often be very challenging to implement the resulting decision.

In some cases, it can be useful to dedicate one leader of a team to be a representative for that group. Often, this job is given to someone in a senior position, but it can be fulfilled by anyone capable of accurately reporting information on behalf of a group. If this method is used, the representative should be prepared to report back to the team the consensus that was reached. Without this information exchange, the group unity that should have been a result of the group meeting is lost.

Note taker and process observer

Decision making meetings can often get derailed or become ineffective for a variety of reasons. To counter this, it can be helpful to include a note taker and process observer. These roles should be filled by people not directly involved in the decision so they are not biased toward any particular opinion. A note taker records what was suggested and decided throughout the meeting while a process observer records how those decisions were met. Incorporating these roles can lead to a lasting group understanding as well as ability to improve decision making meetings in the future.

 

Common Challenges in Decision Making Meetings

Making group decisions can be hard. Making good group decisions is even more challenging. However, good decisions is what can make or break your project or even your company or career. Being aware of the most common challenges in decision making meetings will move you closer to facilitating successful group decision making.

Incomplete information and narrow perspectives

An important aspect of collective decision making is to incorporate a broad spectrum of opinions and ideas, and through group collaboration converge these into a best possible solution. This process is easier said than done. Getting to a solution often involves dealing with a lot of conflicting agendas and opinions which are not easily resolved.

Identifying the best possible solutions

Another classic challenge of the decision making meeting is knowing what possible options are worth further consideration and discussion, and which options to discard early. Time is often wasted discussing possibilities that are not even among the most likely or best choices.

 

 

How to Host a Successful Decision Making Meeting

Decision is the spark that ignites action. Until a decision is made, nothing happens.

A great decision making meeting effectively incorporates all participants, benefiting from the knowledge and experience they bring to the process. Giving all relevant parties the opportunity to participate in the decision making process increases the quality of the decision, adds to the collective understanding and support of the outcome, and ensures successful implementation.

Consider all relevant information

We want as much relevant information as possible to go into the group decision process. This means involving as many stakeholders as practically possible to provide input when it comes to defining the problem area, come up with possible solutions, and evaluate options.

Generate and evaluate possible solutions

Identify and agree on solution requirements before starting to brainstorm potential solutions. Then, invite to brainstorm solutions with an open mind, focusing on the issue rather than the person presenting the idea. Use the solution requirements to evaluate the various suggestions, identifying the top ideas for further consideration.

Get everyone on board

The secret of change is to focus all of your energy, not on fighting the old, but on building the new.

One of the most important aspects of decision meetings is to create unity around the decision that is created. When each participant feels their opinion has been fully considered as part of the decision making process they are more likely to feel ownership of the decision, even in cases when it is not the outcome they hoped for.

 

 

Better Decision Making Meetings with Technology

Collaborative technologies today like Zoom and a good website where owners can read and voice their opinion on subjects that will impact them are being used to make group decision processes easier to manage, more efficient, produce better solutions, and improve execution of decisions.

 

Easily include and engage all key stakeholders for more complete information

Using smart device-based participation levels the playing field and provides an efficient way to share information and reach group consensus. The unruly nature of decision making meetings is easily structured with Zoom and a good Website for your association, because participants are presented with real-time visualizations and group opinions as the discussion moves forward.

 

Quickly tap into the group’s knowledge and expertise

Having participants use Zoom and a good Website for your association to evaluate options will help focus on the task at hand. Collecting decision preferences automatically, rather than manually, speeds up the process. Not only does that mean less time spent on interpreting where a group stands but it also allows for more people to be involved in the process at the same time.

For example, conducting a brainstorm with a large group of participants using whiteboards, flip charts, and post it notes can get messy. When people are contributing one by one it takes a considerable amount of time. The Zoom and a good Website for your association everyone can brainstorm, this activity lets group members submit ideas concurrently, via their own smart devices and computers making sure to accurately record and organize all inputs. This saves time for everyone involved, no matter how large the group is

 

Real-time visualizations of options and opinions focuses the discussion

Zoom and a good Website for your association are well suited to measure group opinions. In the case of an extended discussion it can be helpful to take multiple snapshots of opinions, as they can change over the course of the conversation. Taking a quick group poll, ranking, or evaluation after an initial conversation will clearly identify where the group feels their time is best spent. This allows the discussion to stay centered on the most important and relevant issues. The group will be able to use these baseline opinions as a jumping off point for focused conversation, establishing a common ground and sense of unity which will set the stage for successfully reaching a decision.

 

Engaged inclusion of stakeholders generates buy-in and better execution

Unfortunately, just organizing a group decision making meeting does not necessarily assure that each person in the room will leave feeling that they have been heard. Using Zoom and a good Website for your association ensures each person gets to contribute on an even scale. Because, participants can literally watch their voice be factored into the results. Playing an active part in the decision making process generates a sense of ownership and responsibility for the results, which in turn ensures active participation in carrying out the plan.

 

 

Adding to this: COVID-19: Technology and Social Distancing by Becker Lawyers.

COVID-19 has introduced new challenges to the way we meet and work together in our communities. Many of our daily community association activities include in-person interaction, from regular meetings to conduct association business to elections and other membership votes. Social distancing, the new normal, has necessitated a change to our behavior. While we continue to learn more about the COVID-19 virus and how it is spread, we do know that limiting in-person interaction can greatly reduce risk. Modern technology is a powerful tool to help reduce the transmission of the virus and allow us all to continue with our normal community association business. The following are a few options to consider as your association works to reduce risk in your community.

Voting

A standard election or membership vote often involves voting on a paper ballot. In addition, other types of voting events also include meeting in person, either to cast a ballot or participate in an annual meeting. At this time, we don’t know exactly how long the virus lasts on surfaces, but experts do believe it can be transmitted by touching surfaces. While social distancing and other guidelines now require we limit group activities and avoid public gatherings, there are a number of technologies that allow voters to participate in elections and cast membership votes safely from the comfort of their own homes.

Online voting is a Florida approved option and is a powerful tool to ensure association members can easily participate without the risk of exposure to the virus from in-person meetings or via voting materials. If you have an upcoming election or other membership vote, consider adding online voting to your process to avoid the need for physical materials and in-person participation.

Association Documentation

Community associations are required to provide access to association documents in the form of document inspection requests, a common practice that is sure to continue even during these uncertain times. We expect COVID-19 to affect the normal course of business for at least the next few months, especially as we continue to avoid in-person meetings and handling physical materials.

Instead of requiring in-person document inspections, consider posting your association documentation to your community website. Community association website software offers tools to upload association documentation and share links via email. These tools also allow you to easily post all Florida required association materials to a password protected area of your association’s website, facilitating ease of access and satisfying document inspection requests. These tools are simple to use and are cost-effective methods to continue to support your membership while helping to stem the transmission of the COVID-19 virus.

Association Communication

As we have seen, communication during an uncertain time is crucial. Your community association website is an instrumental channel to quickly and effectively communicate with your association membership. By posting official notices on how your community is managing the outbreak, your website provides a quick and centralized mechanism to ensure your association is apprised of the latest information. We all rely on websites for information and entertainment, and we will likely spend more time online now that our out of home activities are limited. Take this opportunity to direct your membership to your association website for the latest community updates.

We are all facing the challenges COVID-19 has introduced. Social distancing, cancelled activities, and the overwhelming amount of information only adds to the stress of this evolving situation. Technology can be a powerful equalizer, enabling us to work together in safe conditions and keep lines of communication open to all.

 

 

 

 

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Building Inspection Services, Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

Building Inspection Services, Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

 

Feller Engineering has been providing high-quality, state-of-the-art MEPFP Engineering consulting services since 1979. Since then we have provided quality HVAC, Electrical, Plumbing, Fire Sprinkler, Life Safety Systems Design, Peer Review, LEED and Green Building Design as well as Forensic Investigative Services for any type and size project. Our expertise has been applied to a wide range of new construction projects as well as retrofit and reuse of existing and historic buildings.

 

Serving our clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark.

  • Encompass the latest technological innovations where applicable
  • Are creative in approach (especially with renovation projects)
  • Will be in complete accord with the architect’s design concept and the owner’s operational and financial objectives

 

MEPFP Engineering Services

Servicing clients with a high degree of professionalism, imagination and skill is a Feller Engineering trademark. Our designs encompass the latest technological innovations where applicable and our creative approach (especially with renovation projects) will be in coordination with the architect’s design concept and the owner’s operational and financial objectives as well.

Mechanical Systems Design

Our HVAC department, headed by Eser Hur, has a staff of engineers and designers (several registered Professional Engineers and LEED AP). It has enormous experience and expertise with every conceivable type of air conditioning and ventilation system commercially available. Our engineers are constantly being briefed by major manufacturers as to the current state of the art equipment in monthly lunch and learn sessions.
Mechanical Systems Design

Electrical Systems Design

The Electrical Department headed by Bob Raynor with his staff of Electrical Engineers and Electrical Designers (several of whom are registered Professional Engineers and or maintain LEED AP status) have the responsibility to support our HVAC, Plumbing and Fire Sprinkler Departments.
Electrical Systems Design

Plumbing Systems Design

Greg Badal (Department Head) and his staff of engineers and designers (several of whom are CIPD and LEED AP) have extensive experience and expertise in a myriad of projects. Some members of the staff (including Greg) at Feller Engineering have over 30 years of design experience.
Plumbing Systems Design

Fire Protection Systems Design

We know that a fire can be an overwhelming experience. We believe in treating your home or business like it is our own, because we want you to feel comfortable when visiting us. Fire Protection Systems Design offers a comprehensive fire protection system that optimizes the effectiveness of your space to protect against fire, smoke and other hazards. Headed by Anand Kris Singh our engineering team will create a fire protection design for your project and save you time, money and heartache! Fire protection systems design and installations are fundamental to the safety, success and code compliances of your facility.

Fire Protection Systems Design

 

Feller Engineering
myenni@fellerpe.com
cdiaz@fellerpe.com
914-467-1402
http://www.fellerpe.com

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Condo HOA Loans: We can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

Condo HOA Loans: We can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

  • Posted: Oct 23, 2024
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Condo HOA Loans

We can assist you in obtaining the necessary funds for Projects Reserves or Cash Flow.

Your Trusted Community Association Financial Resource

 

Don’t go it alone. Whether your Community requires Conventional or Private Lending, CondoHOALoans can assist you in obtaining the necessary funds for Projects, Reserves, or Cash Flow.

When your Community Association works with our Law Firm to facilitate and secure financing, your Community will also have the optional benefit of receiving 100% FREE Delinquent Account Collection Services.

Not sure if financing is right for your Association? Download the Association Funding Options Infographic and take our Free Financial Health Survey to find out.

 

Take the Free Financial Health Survey

Completing this Survey will provide you with a written report you will be able to immediately download upon completion.

Take Our FREE Financial Health Survey

 

Association Funding Options

Getting started with CondoHOALoans is easy.

We’ll help your community identify funding resources and lending options for all of its financial needs. Our Legal Services to your community do not end at the successful closing of your loan with the Lender of YOUR choice. As a valued client of Katzman Chandler, you will have the option, but not the obligation, to have ALL future delinquent accounts collected for FREE.

 

The Condo Building Maintenance Crisis in Florida

As a consequence of hurricanes, business cycles, and fluctuations in the real estate market over the last 20 years, financial distress has been caused to those who live in Community Associations as well as the Communities Association entities themselves.  There presently exist hundreds (if not thousands) of communities whose stories can be illustrated by the timeline below.

Many of these communities presently have underfunded budgets, inadequate cash flow, and lack adequate reserves to accomplish necessary preventative maintenance and actual present maintenance needs. Overall, Boards are starting to realize that there is a lot to do, with little or no money to do it.

 

CondoHOALoans is the best solution for customized, competitive lending options.
Download the Infographic to learn more.

(833) 427-3863

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MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS SENATE BILL 4-D

MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS SENATE BILL 4-D

  • Posted: Oct 23, 2024
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MANDATORY CONDOMINIUM & COOPERATIVE BUILDING INSPECTIONS & NON-WAIVABLE RESERVE REQUIREMENTS

We are reposting this, for all the buildings That have not had inspections…..

SENATE BILL 4-D

With home insurers leaving Florida in droves, and following pressure from members of both political parties in the legislature to actually do something about it, in May 2022, the governor called a special legislative session to address the problem. A very real concern to the insurers is the effect of both time and inclement weather on Florida’s aging high-rise buildings. Until now, and for the most part, Florida law largely ignored these concerns. Enter Senate Bill 4-D (SB 4-D) which already became effective upon being signed into law by Governor DeSantis on May 26, 2022. This new piece of legislation addresses condominium and cooperative building inspections and reserve requirements (while this article primarily addresses these new laws in the context of condominium association application, they are equally applicable to cooperative associations).

By way of background, during the regular legislative session, there were several bills introduced in the Florida House of Representatives (House) and in the Florida Senate (Senate) addressing building safety issues, but none of them were passed into law due to the inability to match the language of the bills in both the House and the Senate which is a requirement for legislation to pass and go to the governor for consideration. As such, it was a little surprising to many observers that the legislature was able to approve SB 4-D in essentially a 48-hour window during the special session in May. The language used in SB 4-D was initially drafted into a proposed bill in November 2021. At that time, and during the most recent legislative session, input was provided by many industry professional groups including engineers, reserve study providers, and association attorneys. Many of these industry professionals indicated that there were challenges with some of the language and concepts being proposed in SB 4-D during session.

Notwithstanding these challenges, and in an effort to ensure some form of life safety legislation was passed this year, SB 4-D was unanimously approved in both the House and Senate and signed by the governor. A plain reading of this well intended, but in some instances not completely thought-out, legislation evidences these challenges. Some will say it is a good start that will need significant tweaking, which is expected during the 2023 Legislative Session. Others praise it, and yet others say it is an overreach of governmental authority, such as an inability to waive or reduce certain categories of reserves. You be the judge. We begin by examining the mandatory inspection and reserve requirements of SB 4-D.

I. MILESTONE INSPECTIONS: MANDATORY STRUCTURAL INSPECTIONS FOR CONDOMINIUM AND COOPERATIVE BUILDINGS. (§553.899, Fla. Stat.)

You will not find these new milestone inspection requirements in Chapters 718 or 719 of the Florida Statutes, but rather in Chapter 553, Florida Statutes, as cited above.

MILESTONE INSPECTIONS:

The term “milestone inspection” means a structural inspection of a building, including an inspection of load-bearing walls and the primary structural members and primary structural systems as those terms are defined in section 627.706, Florida Statutes, by a licensed architect or engineer authorized to practice in this state for the purposes of attesting to the life safety and adequacy of the structural components of the building and, to the extent reasonably possible, determining the general structural condition of the building as it affects the safety of such building, including a determination of any necessary maintenance, repair, or replacement of any structural component of the building. The purpose of such inspection is not to determine if the condition of an existing building is in compliance with the Florida Building Code or the fire safety code.

SUBSTANTIAL STRUCTURAL DETERIORATION:

The term “substantial structural deterioration” means substantial structural distress that negatively affects a building’s general structural condition and integrity. The term does not include surface imperfections such as cracks, distortion, sagging, deflections, misalignment, signs of leakage, or peeling of finishes unless the licensed engineer or architect performing the phase one or phase two inspection determines that such surface imperfections are a sign of substantial structural deterioration.

MILESTONE INSPECTIONS FOR BUILDINGS THREE STORIES OR MORE IN HEIGHT:

A condominium association under chapter 718 and a cooperative association under chapter 719 must have a milestone inspection performed for each building that is three stories or more in height by December 31 of the year in which the building reaches 30 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

WITHIN THREE MILES OF COASTLINE:

If the building is three or more stories in height and is located within three miles of a coastline, the condominium association or cooperative association must have a milestone inspection performed by December 31 of the year in which the building reaches 25 years of age, based on the date the certificate of occupancy for the building was issued, and every 10 years thereafter.

The condominium association or cooperative association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance.

The condominium association or cooperative association is responsible for all costs associated with the inspection.

IF THE CERTIFICATE OF OCCUPANCY WAS ISSUED BEFORE JULY 1, 1992:

If a milestone inspection is required under this statute and the building’s certificate of occupancy was issued on or before July 1, 1992, the building’s initial milestone inspection must be performed before December 31, 2024. If the date of issuance for the certificate of occupancy is not available, the date of issuance of the building’s certificate of occupancy shall be the date of occupancy evidenced in any record of the local building official.

Upon determining that a building must have a milestone inspection, the local enforcement agency must provide written notice of such required inspection to the condominium association or cooperative association by certified mail, return receipt requested.

Within 180 days after receiving the written notice the condominium association or cooperative association must complete phase one of the milestone inspection. For purposes of this section, completion of phase one of the milestone inspection means the licensed engineer or architect who performed the phase one inspection submitted the inspection report by e-mail, United States Postal Service, or commercial delivery service to the local enforcement agency.

A MILESTONE INSPECTION CONSISTS OF TWO PHASES:

    (a) PHASE 1: For phase one of the milestone inspection, a licensed architect or engineer authorized to practice in this state must perform a visual examination of habitable and non-habitable areas of a building, including the major structural components of a building, and provide a qualitative assessment of the structural conditions of the building. If the architect or engineer finds no signs of substantial structural deterioration to any building components under visual examination, phase two of the inspection (discussed below) is not required. An architect or engineer who completes a phase one milestone inspection shall prepare and submit an inspection report.

    (b) PHASE 2: A phase two of the milestone inspection must be performed if any substantial structural deterioration is identified during phase one. A phase two inspection may involve destructive or nondestructive testing at the inspector’s direction. The inspection may be as extensive or as limited as necessary to fully assess areas of structural distress in order to confirm that the building is structurally sound and safe for its intended use and to recommend a program for fully assessing and repairing distressed and damaged portions of the building. When determining testing locations, the inspector must give preference to locations that are the least disruptive and most easily repairable while still being representative of the structure. An inspector who completes a phase two milestone inspection must prepare and submit an inspection report.

POST-MILESTONE INSPECTION REQUIREMENTS:

Upon completion of a phase one or phase two milestone inspection, the architect or engineer who performed the inspection must submit a sealed copy of the inspection report with a separate summary of, at minimum, the material findings and recommendations in the inspection report to the condominium association or cooperative association, and to the building official of the local government which has jurisdiction. The inspection report must, at a minimum, meet all of the following criteria:

    (a) Bear the seal and signature, or the electronic signature, of the licensed engineer or architect who performed the inspection.

    (b) Indicate the manner and type of inspection forming the basis for the inspection report.

    (c) Identify any substantial structural deterioration within a reasonable professional probability based on the scope of the inspection, describe the extent of such deterioration, and identify any recommended repairs for such deterioration.

    (d) State whether unsafe or dangerous conditions, as those terms are defined in the Florida Building Code, were observed.

    (e) Recommend any remedial or preventive repair for any items that are damaged but are not substantial structural deterioration.

(f) Identify and describe any items requiring further inspection.

LOCAL GOVERNMENT ENFORCEMENT:

A local enforcement agency may prescribe time lines and penalties with respect to compliance with the milestone inspection requirements.

A board of county commissioners may adopt an ordinance requiring that a condominium or cooperative association schedule or commence repairs for substantial structural deterioration within a specified time frame after the local enforcement agency receives a phase two inspection report; however, such repairs must be commenced within 365 days after receiving such report. If an association fails to submit proof to the local enforcement agency that repairs have been scheduled or have commenced for substantial structural deterioration identified in a phase two inspection report within the required time frame, the local enforcement agency must review and determine if the building is unsafe for human occupancy.

BOARD’S DUTY AFTER OBTAINING THE MILESTONE REPORT:

Upon completion of a phase one or phase two milestone inspection and receipt of the inspector-prepared summary of the inspection report from the architect or engineer who performed the inspection, the association must distribute a copy of the inspector-prepared summary of the inspection report to each unit owner, regardless of the findings or recommendations in the report, by United States mail or personal delivery and by electronic transmission to unit owners who previously consented to receive notice by electronic transmission; must post a copy of the inspector-prepared summary in a conspicuous place on the condominium or cooperative property; and must publish the full report and inspector-prepared summary on the association’s website, if the association is required to have a website.

WHO PAYS FOR THE MILESTONE INSPECTION:

Pursuant to section 718.112, Florida Statutes, if an association is required to have a milestone inspection performed, the association must arrange for the milestone inspection to be performed and is responsible for ensuring compliance with all of the requirements thereof. The association is responsible for all costs associated with the inspection.

FAILURE TO OBTAIN THE MILESTONE INSPECTION:

If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to section 553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.

MANAGER’S DUTY:

If a community association manager or a community association management firm has a contract with a community association that has a building on the association’s property that is subject to milestone inspection, the community association manager or the community association management firm must comply with the requirements of performing such inspection as directed by the board.

EXEMPTIONS:

For clarity, the otherwise required milestone inspection does not apply to a single family, two-family, or three-family dwelling with three or fewer habitable stories above ground.

FLORIDA BUILDING COMMISSION REQUIREMENTS:

The Florida Building Commission must review the milestone inspection requirements and make recommendations, if any, to the legislature to ensure inspections are sufficient to determine the structural integrity of a building. The commission must provide a written report of any recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives by December 31, 2022.

The Florida Building Commission must consult with the State Fire Marshal to provide recommendations to the legislature for the adoption of comprehensive structural and life safety standards for maintaining and inspecting all types of buildings and structures in this state that are three stories or more in height. The commission must provide a written report of its recommendations to the Governor, the President of the Senate and the Speaker of the House of Representatives by December 31, 2023.

II.    STRUCTURAL INTEGRITY RESERVE STUDIES AND MANDATORY RESERVES:

The reserve legislation set out in section 718.112 (f)(2)(a), Florida Statutes, is, for all intents and purposes, re-written. Prior to examining these most recent revisions, it is necessary to first examine the definitions set out in section 718.103, Florida Statutes, where a brand new term is added as follows:

    Structural integrity reserve study means a study of the reserve funds required for future major repairs and replacement of the common areas based on a visual inspection of the common areas applicable to all condominiums and cooperative buildings 3 stories or higher.

Hereafter, the structural integrity reserve study is referred to as “SIRS”. Now we can turn our attention to the requirements of the SIRS as set out in section 718.112 (f)(2)(a), Florida Statutes

THE STRUCTURAL INTEGRITY RESERVE STUDY (required for all condominium and cooperative buildings three stories or higher regardless of date of certificate of occupancy):

An association must have a SIRS completed at least every 10 years after the condominium’s creation for each building on the condominium property that is three stories or higher in height which includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

a.     Roof.

b. Load-bearing walls or other primary structural members.

c. Floor.

d. Foundation.

e. Fireproofing and fire protection systems.

f. Plumbing.

g. Electrical systems.

h. Waterproofing and exterior painting.

i.  Windows.

j. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

The SIRS may be performed by any person qualified to perform such study. However, the visual inspection portion of the structural integrity reserve study MUST be performed by an engineer licensed under chapter 471 or an architect licensed under chapter 481.

As further set out in the legislation, at a minimum, “a structural integrity reserve study must identify the common areas being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of the common areas being visually inspected, and provide a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each common area being visually inspected by the end of the estimated remaining useful life of each common area.”

The amount to be reserved for an item is determined by the association’s most recent structural integrity reserve study that must be completed by December 31, 2024. If the amount to be reserved for an item is not in the association’s initial or most recent structural integrity reserve study or the association has not completed a structural integrity reserve study, the amount must be computed using a formula based upon estimated remain useful life and estimated replacement cost or deferred maintenance expense of each reserve item.

If the condominium building is less than three stories then the legislation provides that, “in addition to annual operating expenses, the budget must include reserve accounts for capital expenditures and deferred maintenance. These accounts must include, but are not limited to, roof replacement, building painting, and pavement resurfacing, regardless of the amount of deferred maintenance expense or replacement cost, and any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000.”

The association may adjust replacement reserve assessments annually to take into account any changes in estimates or extension of the useful life of a reserve item caused by deferred maintenance.

If an association fails to complete a SIRS, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners.

NON-WAIVABLE AND WAIVABLE RESERVES IN THE UNIT OWNER CONTROLLED ASSOCIATION:

As to the SIRS, the legislation is patently clear that unit owners may not vote for no reserves or lesser reserves for items set forth SIRS report. There is on-going debate amongst attorneys in regard to whether a condominium under three stories can waive or reduce reserves for any of the reserve items required to be in the SIRS that are included in the under three story condominium reserve, for example, roof and painting (For those interested, examine lines 1029 to 1033 and 1050 to 1071 in SB 4-D).

MANDATORY RESERVES IN THE DEVELOPER CONTROLLED ASSOCIATION:

Before turnover of control of an association by a developer to unit owners other than a developer pursuant to section 718.301, Florida Statutes, the developer-controlled association may not vote to waive the reserves or reduce the funding of the reserves (Previously, a developer could fully waive all reserves for the first two years, meaning this is a monumental change).

PRE-TURNOVER DEVELOPER DUTY:

Before a developer turns over control of an association to unit owners other than the developer, the developer must have a SIRS completed for each building on the condominium property that is three stories or higher in height.

III.    OFFICIAL RECORDS:

Official records of the condominium and cooperative association include structural integrity reserve studies, financial reports of the association or condominium, and a copy of the inspection reports and any other inspection report relating to a structural or life safety inspection of condominium or cooperative property.

In addition to the right to inspect and copy the declaration, bylaws and rules renters have the right to inspect the milestone inspection report and structural integrity reserve study inspection reports as well.

Structural integrity reserve studies must be maintained for at least 15 years after the study is completed. In addition, inspection reports report and any other inspection report relating to a structural or life safety inspection of condominium property must be maintained for 15 years after receipt of such report.

IV.    ASSOCIATION WEBSITES:

In addition to other positing requirements, the inspection reports described above and any other inspection report relating to a structural or life safety inspection of condominium property and the association’s most recent structural integrity reserve study must be posted to the website.

V.    JURISDICTION OF DIVISION OF CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES:

Pre-turnover, the Division of Florida Condominiums, Timeshares, and Mobile Homes (Division) may enforce and ensure compliance with rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units, and complaints related to the procedural completion of milestone inspections. After turnover has occurred, the Division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records, and the procedural completion of structural integrity reserve studies.

VI. NEW REPORTING REQUIREMENTS FOR ALL CONDOMINIUM AND COOPERATIVE ASSOCIATIONS:

On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the Division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the division’s website:

  1. The number of buildings on the condominium property that are three stories or higher in height.
  2. The total number of units in all such buildings.
  3. The addresses of all such buildings.
  4. The counties in which all such buildings are located.

An association must provide an update in writing to the division if there are any changes to the information in the list within six months after the change.

VII.    APPLICABLE TO ALL SELLERS OF UNITS:

As a part of the sales process, the seller of a condominium or cooperative unit and developers must provide to potential purchasers a copy of the inspector-prepared summary of the milestone inspection report and a copy of the association’s most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study.

VIII.    GLITCHES:

As with any new legislation of such a substantial nature, there often follow in subsequent years what are referred to as “glitch bills” which help provide additional clarity, remove ambiguity, and fix unintended errors. To name a few: (i) the term “common areas” is used in the legislation when in fact the correct term is “common element;” (ii) clarity needs to be provided regarding whether reserve items that are required to be in SIRS, but show up in the under three story reserves, such as paint and paving, can be waived or reduced by the membership; and (iii) for those buildings that are within three miles of the coastline, additional clarity could be provided to provide better guidance as to how to perform the measurement.    

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Cohen Law Group:  We are Florida attorneys providing legal services for  Insurance Claim Disputes.

Cohen Law Group:  We are Florida attorneys providing legal services for  Insurance Claim Disputes.

Cohen Law Group:

   We are Florida attorneys providing legal services for  Insurance Claim Disputes. Whether you are a contractor, homeowner, business owner, or property manager, we are here to help you. As zealous advocates for your rights, we will listen to your story and recommend a sound legal strategy for the best opportunity to achieve success. Contact us 24/7 by calling 407-478-4878.

 

At Cohen Law Group, It’s About Justice!

“It’s About Justice” is more than a slogan. It is our firm’s mantra. The motto was developed by our founder, Harvey V. Cohen. We are aggressive, zealous advocates for our clients’ rights. Our commitment to our clients is evident by our prompt reply to all phone calls and our 24 hour availability through our phone answering service.

Effective legal representation requires experience and dedication to protect the rights of those who have entrusted us with their legal options and rights. Cohen Law Group has successfully represented many Florida residents throughout the years in various legal matters.

 

Make sure your legal rights are protected by seeking the legal advice of an experienced attorney.

Make sure your legal rights are protected – Contact Us

 

Why Should You Choose Us?

We are here to provide you with the highest standard of integrity and professionalism. We are here for you, we are your attorney, and we want to shine for you. With cases ranging from single family homes with roof damage to hurricane-damaged multi-unit apartment complexes, we are dedicated to giving you personal service. It’s all about justice here and we want to prove it to you.

OUR SERVICES

See Our: Hurricane Preparedness Page

 

Insurance Claim Attorney

Due to the state of the economy, insurance claim disputes have become increasingly more common than even just a few years ago.

The bottom line is that insurance carriers must make a profit to continue to exist. The reality is that the law does not allow insurance carriers to make their profit by disputing or denying valid insurance claims by their policy holders.

Contractor Insurance Claim Dispute

Cohen Law Group stands up to these insurance carriers in valid contractor insurance claim disputes. Contractors have a right to be paid, just as the policy holder they are working for has a right to have a valid insurance claim paid.

Homeowner Insurance Claim Attorney

Have you had an insurance claim denied, partially paid, or reduced? If so, we may be able to help. Cohen Law Group stands up to these insurance carriers in valid homeowner insurance claim disputes.

Business Owners Insurance Claims Dispute

Cohen Law Group stands up to these insurance carriers in valid business/property owner insurance claim disputes. We possesses the experience and resources necessary to effectively guide you through each and every aspect of your business/property owner insurance claim dispute.

 

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Time to start thinking about taxes — making sure not to miss out on any tax credits. by RMS Accounting.

Time to start thinking about taxes — making sure not to miss out on any tax credits. by RMS Accounting.

Time to start thinking about Taxes — making sure not to miss out on any tax credits.

Did you do any energy improvements to your home? New energy efficient Air Conditioning, Heating, Ceiling Fans, Solar Panels, or Hot Water Heaters? Buy an Electric or Highbred Vehicle?
If so there might just be a tax credit in your stocking this year.? contact us today let us help with your Accounting and Taxes for your Business, Condo and HOA’s

RMS Business

Accounting

We provide extensive consulting to every accounting client. Detailed management notes are provided in addition to a comprehensive Financial Statement package.

Bookkeeping

Our bookkeeping help goes far beyond just balancing the books. Our Bookkeeping outsourcing, saves you time and money, while reducing stress levels.

Expatriate

RMS Accounting has a program that allows companies with expatriate staff to provide tax planning and preparation services to its staff anywhere in the world.

Tax

In addition to getting your corporate tax preparation right and completed the first time, our tax professional will also assist you with tax planning to help you reduce next year’s business taxes as well.

Software

At Royale Management Services, we offer support for two of the top business software programs available.

Payroll

When running a business, it makes sense to outsource tasks that can be handled best by others, save you money or allow you to be more productive. Payroll is one of the classic tasks that generally meets all of these criteria.

Credit Card Services

RMS Accounting supports Visa, MasterCard, Discover, American Express, Gift and Loyalty card, and Check processing. In addition will gladly support EBT card programs as well as a complete national debit card program.

Outsourcing

Originally, we focused on tax preparation for small to medium business, but today we do accounting outsourcing for everyone, from personal to large corporations.
2319 N Andrews Ave, Fort Lauderdale, FL, United States, Florida
+1 954-563-1269
info@rmsaccounting.com
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Palm Beach Condo & HOA Expo is back Wednesday, October 9th, at the Palm Beach County Convention Center.

Palm Beach Condo & HOA Expo is back Wednesday, October 9th, at the Palm Beach County Convention Center.

Palm Beach Condo & HOA Expo is back Wednesday, October 9th, at the Palm Beach County Convention Center.

 

Mark your calendar and don’t hesitate – complete your FREE REGISTRATION today!

The Palm Beach Condo & HOA Expo is THE event you can’t afford to miss! In a single day, you’ll get the tools, information, and contacts you need to gear up for your property’s busy season:

  • Learn and get FREE CEU’s from 10+ seminars and courses covering today’s essential management topics, including mandatory Board Certification, Legal Update, and much more (But hurry – seats fill up fast!)
  • Get advice from experts in law, security, property management, tax, accounting, and more.
  • Browse the newest products and services.
  • FREE LUNCH! A full day of learning and networking can really whip up an appetite. That’s why Property Managers and Board Members that register within the next 7 days with promo code “OCT9” will receive FREE LUNCH at the expo!

 

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STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

STORM DAMAGE CLAIMS FOR YOUR CONDO AND HOA PROPERTIES!

SFPMA & Members are ready to Handle Storm Damage & Claims for Condo and HOA Properties!

These Trusted Members are; Legal Firms, Public Adjusters, Roofing, Engineering & Service Companies that work with you on Solutions to Storm Related Damage.

 

Has your Home, Condo or HOA Sustained Property Damage?

 SFPMA has a team of Legal Experts, adjusters, estimators and claim specialists for the benefit of the Condo and HOA’s who sustained damage from the storms and fire, water or mold.

With the know-how and experience to analyze, evaluate, and negotiate the best settlement for your  Insurance Claim!

“Get the maximum settlement for your damage claim!”

 

PROPERTY DAMAGE

  • Hurricane Storm Damage
  • Water Damage / Floods
  • Fire Damage
  • Mold Damage
  • Roof Damage and Leaks
  • Sinkholes & Earthquakes
  • Property Vandalism and Theft

 

WHAT WE PROVIDE CONDO & HOA’S

  • Property Inspections & Site Analysis
  • Review of your Insurance Policy
  • Damage Report Backing up the Claim
  • Loss Estimates Documentation
  • Negotiation and Settlement with Insurance Companies

 

A Claim usually includes inspections, detailed estimates, more inspections, client reviews, negotiating with insurance companies, consulting with insurance company and most importantly, getting you your money as fast as possible.

http://FloridaAdjusting.com

 

“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer Thursday’s at 7PM

“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer Thursday’s at 7PM

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“Condo Craze & HOA’s”

Watch us live on YouTube with Eric Glazer

Thursday’s at 7PM

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.

Join our YouTube Page and Watch the Show every Thursday @7PM

 

Register NOW! – The Broward County Condo & HOA Expo returns Tuesday, October 15th, to the Broward County Convention Center, in the Grand Ballroom

Register NOW! – The Broward County Condo & HOA Expo returns Tuesday, October 15th, to the Broward County Convention Center, in the Grand Ballroom

  • Posted: Sep 04, 2024
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The Broward County Condo & HOA Expo returns Tuesday, October 15th, to the Broward County Convention Center, in the Grand Ballroom (West Building, 3rd Floor).

Be sure to mark your calendar and complete your FREE REGISTRATION today!

The Broward County Condo & HOA Expo is an event you can’t afford to miss! In a single day, you’ll get the tools, information, and contacts you need to gear up for your property’s busy season:

  • Learn and get FREE CEU’s from 10+ different seminars and courses covering today’s essential management topics (But hurry – Seats fill up fast!)
  • Get advice from experts in law, security, property management, tax, accounting, and more.
  • Browse the newest products and services.
  • FREE PARKING! Use the Northport Parking Garage connected to the Convention Center, and we will validate your parking at check-in!
  • FREE LUNCH! As a Community Association Manager, Board Member, Board President, or active HOA member, use promo code RO2 when registering in the next 7 days and receive free lunch at the expo!