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

Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

Join us on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

This one-day event is an opportunity to network with industry experts, browse the latest products and services, and learn how to better manage and maintain your Condo or HOA. Learn more at www.pbcondohoaexpo.com.

Board Members, Managers Sign up for the Seminars and educate yourself then bring back what you learned to the Building Owners.

 

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Friday 2pm Est | They Did What? How SB-2A Affects Your Association by KBRLegal

Friday 2pm Est | They Did What? How SB-2A Affects Your Association by KBRLegal

Friday 2pm Est | They Did What? How SB-2A Affects Your Association

Presented by Shawn G. Brown, Esq., BCS (Kaye Bender Rembaum)

Feb 10, 2023 02:00 PM

Register NOW

The Florida Legislature convened for a Special Session specifically to address property insurance and other topics starting December 12, 2022. Among the legislation, the Legislature passed Senate Bill 2A, which makes sweeping changes to the property insurance claims process, reinsurance, regulation of insurance companies and more. This webinar will summarize SB-2A.

Speaker: Shawn G. Brown, Esq., BCS (Kaye Bender Rembaum)

This webinar is informational only, is not to be considered legal advice, and contains no CE credit (or certificates).

 

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CAN YOU REPEAT THAT?     Is Your Condominium in Compliance?

CAN YOU REPEAT THAT? Is Your Condominium in Compliance?

  • Posted: Feb 08, 2023
  • By:
  • Comments: Comments Off on CAN YOU REPEAT THAT? Is Your Condominium in Compliance?

CAN YOU REPEAT THAT?

Is Your Condominium in Compliance?

Additional Clarity Provided

If your condominium is greater than 75 feet tall, then you need to read this article (most especially due to a small but meaningful typo in the prior version which is now revised with the red text below).

It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code (the “Fire Code”). For the safety of all residents, associations must ensure they stay up to date with the latest and greatest in fire safety provisions. One of these essential safety features is a requirement that systems be built into new and existing buildings to ensure that first responders’ radios will work throughout buildings in an emergency situation. Pursuant to Section 11.10.1 of the Fire Code, “in all new and existing buildings, minimum radio signal strength for fire department communications shall be maintained at a level determined by the AJH [the authority having jurisdiction]. Additionally, Section 11.10.2. provides that where required by the authority having jurisdiction, two-way radio communication enhancement systems must comply with the requirements of the Fire Code.

When originally adopted, the requirements of Sections 11.10.1 and 11.10.2 of the Fire Code applied only to new buildings, so the requirement was not a burden on existing buildings. However, in 2013, the Fire Code was updated as set out above to provide that all new and existing buildings must maintain adequate fire department radio signal strength inside the building. This new requirement applied to all buildings and did not provide a grace period. This posed a significant problem for many high-rise condominiums, as the installation of the necessary equipment involves opening walls and ceilings and can be quite costly to the association. The cost of such installation was a substantial burden to condominiums, not expecting to be required to install same, and therefore never budgeted for the installation.

Recognizing the problem, in 2016 the Florida Legislature adopted section 633.202(18), Florida Statutes, which provided a grace period for high-rise buildings. Existing high-rise buildings were not required to comply with minimum radio strength for fire department communications until January 1, 2022. You may be thinking, “that date is passed”, but do not panic. If your condominium has not yet complied with the requirements, have no fear. The 2021 Florida Legislature amended section 633.202(18), Florida Statutes, to provide another extension for compliance.

In accordance with the newly amended statute, existing high-rise buildings now have until January 1, 2025 to come into compliance with the requirements. However, the association must apply for an appropriate permit for the required installation by January 1, 2024. More specifically, section 633.202(18), Florida Statutes, is amended to provide, in pertinent part, that:

(18) The authority having jurisdiction shall determine the minimum radio signal strength for fire department communications in all new high-rise and existing high-rise buildings. Existing buildings are not required to comply with minimum radio strength for fire department communications and two-way radio system enhancement communications as required by the Florida Fire Prevention Code until January 1, 2025. However, by January 1, 2024, an existing building that is not in compliance with the requirements for minimum radio strength for fire department communications must apply for an appropriate permit for the required installation with the local government agency having jurisdiction and must demonstrate that the building will become compliance by January 1, 2025. Existing apartment buildings are not required to comply until January 1, 2025…

Therefore, all existing high-rise buildings must come into compliance by January 1, 2025. It is important to note that this time extension applies only to high-rise buildings. By way of over simplification, it does not apply to buildings less than 75 feet tall (the measurement can be tricky, so if your building is close to 75 feet check with your association attorney regarding this measurement). In 2018, the Florida Department of Financial Services, Division of State Fire Marshal issued a Declaratory Statement finding that section 633.202(18), Florida Statutes does not apply to the enforcement of Section 11.10 of the Fire Code to buildings under 75 feet in height. Therefore, if your building is greater than 75 feet in height, it is required to comply with the radio signal strength required by the authority having jurisdiction at this time.

In light of the foregoing, it is essential that your association take action to determine whether sufficient fire department radio signal exists in your building. We recommend the association reach out to the local fire code official to determine the exact requirements for your jurisdiction. If sufficient signal does not exist in your building, it is essential to prepare a plan (including design, permits, financing, etc.) to ensure that your building will comply by the deadline of January 1, 2025.

Pickleball and Tennis Courts Contractors for Florida Condo & HOA’s – Mor Sports Group

Pickleball and Tennis Courts Contractors for Florida Condo & HOA’s – Mor Sports Group

The State of Florida is widely regarded as the pickleball capital of the world, PickleBall is one of the fastest growing recreational sports in America. In Florida alone, there are over 10,000 PickleBall players. The sport is extremely popular with seniors ages 50 plus as an alternative to tennis and table tennis. 

Pickleball gives you a good aerobic workout without as much stress and strain on joints and muscles, as mentioned above. The endorphins and other bioamines that are released with all exercise are useful in elevating self-esteem and combating depression – both problems that can come with older age.

 

Do your Buildings have Pickleball Courts? If not you need to add this to one of the Amenities for all of your Owners in your Condo & HOA Associations.

 

MOR SPORTS GROUP

Contact Mor Sports Group

Gary Morton CHST SMS

Group Technical and Sales Manager

239-560-8613

Gary@morsportsgroup.com

16120 Lee Road, Suite 150, Fort Myers 33912

http://www.morsportsgroup.com

 

When you choose Mor Sports Group you will be given owner entry to our internal project management software which will give you access to all scheduling, daily logs, planning and much more. You will have constant communication with all our staff from our in house installers onsite performing works right through to our foreman and operation managers who are there to ensure your project vision is completed .

We are proud of the reputation we have created at Mor Sports and we will do everything to ensure that our reputation continues to grow, aiming to create long term Clients who always think first of Mor Sports for their repeat business.

We are ready to install Pickleball Courts for your buildings

Playing Surface installation

All of the installation of the cushion and playing system was undertaken by our own in house, trained and experienced employees.Firstly, the asphalt pavement was checked for irregularities. To check for isolated “bird baths”, the asphalt pavement was flooded with water to check for planarity levels and to identify any low isolated areas.

Any low areas were patched and levelled and minor irregularities were attended to. To correct these minor surface irregularities, a filler coat was applied. This coat is an acrylic binder mixed with Portland cement and a sand aggregate.

 


SFPMA keeps you up to date with everything from Legal Advances, Business Advances and Service advances in Florida’s Condo, HOA and Property Management Industry.  On our Members Directory everyone can find the Top Companies working in our industry. 

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Florida Condo & HOA Expos – COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

Florida Condo & HOA Expos – COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

Condo HOA Expos Florida Dates – You Will Safely Find – Top Companies working together in our Industry!
Sign up for the Safe Networking and Educational Events!

COME MEET HUNDRED’S of CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES AND SEMINARS ALL DAY LONG

 


BROWARD COUNTY CONDO & HOA EXPO

 

AT THE SIGNATURE GRAND IN BROWARD
6900 W State RD 84
Davie, FL 33317

Tuesday, February 7, 2023

Seminars: 8:30 am – 5:00 pm
Exhibits: 10:30 am – 3:00 pm

REGISTER HERE

 


PALM BEACH CONDO & HOA EXPO

Palm Beach County Convention Center
650 Okeechobee Boulevard
West Palm Beach, FL 33401

Tuesday, February 22, 2023

9am – 4:45pm

REGISTER HERE

 


TAMPA BAY CONDO HOA EXPO

 

AT THE TAMPA CONVENTION CENTER
333 S. Franklin Street
Tampa, FL 33602

FEBRUARY 28TH, 2023

Seminars: 8:30 am – 5 pm
Exhibits: 10:30 am – 3:00 pm 


Find and share this with others,

Condo HOA Expos Florida Dates – You Will Safely Find – Top Companies working together in our Industry! Sign up for the Safe Networking and Educational Events!

New Florida laws take effect in January, including from recent special session / SFPMA

New Florida laws take effect in January, including from recent special session / SFPMA

New Florida laws take effect in January.

TALLAHASSEE, Fla. (WFLA) — The new year means a few new Florida laws will go into effect, after passage during the 2022 legislative session, as well as the bills passed in December’s special session.

Eight new laws go into effect on Jan. 1, 2023. Among the various bills’ effects, Floridians can expect changes to newborn healthcare, public notices, and ways to file taxes in 2023.

Arguably the least controversial is a bill that requires newborns to be tested for congenital cytomegalovirus within three weeks of birth. CMV is the most common infectious cause of birth defects in the United States.

The virus affects one in every 200 babies each year. Senate Bill 292, passed with widespread support in the March 2022 legislative session, aims to catch long term health problems that cmv causes like hearing and vision loss.

Also taking effect in January is a bill allowing local government agencies the option to publish legal notices on a publicly accessible website instead of in a print newspaper.

House Bill 7049 also takes effect Jan. 1, 2023, but hasn’t seen the uniform support that the newborn screening bill did. Lawmakers weighed in on the impacts.

“This is the most available legal notices will be for people in the history of Florida,” Sen. Jason Brodeur (R-Lake Mary).

However, former Sen. Gary Farmer (D-Broward), the former Senate minority leader, argued against the bill.

“The bottom line is the underlying intent of bills like this throughout the country are to weaken news outlets and close the vice grip of corporate control over the news,” Farmer said.

Another piece of legislation, Senate Bill 2514 allows more taxpayers to file taxes electronically by authorizing the Florida Department of Revenue to lower the payment threshold from $20,000 to $5,000.

Those were just a few of the laws going into effect next year. Also starting in January are the bills passed during the December special session of the legislature focused on property insurancetoll relief, and Hurricane disaster recovery.


2022 Laws Already in Effect:

ADVERTISING
  • HJR 1: Additional Homestead Property Tax Exemption for Specified Critical Public Service Workforce
  • SB 58: Relief of Yeilyn Quiroz Otero by Miami-Dade County
  • SB 70: Relief of Donna Catalano by the Department of Agriculture and Consumer Services
  • SB 74: Relief of Harry Augustin Shumow/Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital
  • SB 80: Relief of Christeia Jones/Department of Highway Safety and Motor Vehicles
  • SB 96: Emergency Preparedness and Response Fund
  • SB 98: Emergency Preparedness and Response Fund
  • SB 156: Loss Run Statements
  • HB 159: Pub. Rec./Lottery Winners
  • SB 282: Mental Health and Substance Use Disorders
  • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
  • SB 350: Procedures for Petitions for Utility Rate Relief
  • HB 395: “Victims of Communism Day”
  • HB 397: Court Fiscal Administration
  • SB 364: Specialty License Plates
  • SB 430: Interstate Compact on Educational Opportunity for Military Children
  • SB 434: Florida Tourism Marketing
  • SB 438: United States Space Force
  • HB 455: Rupert J Smith Law Library, St. Lucie County
  • HB 457: St. Lucie County
  • HB 461: Florida Bright Futures Scholarship Program Student Service Requirements
  • HB 471: Town of Lake Clarke Shores, Palm Beach County
  • SB 494: Fish and Wildlife Conservation Commission
  • HB 513: Comprehensive Review Study of the Central and Southern Florida Project
  • SB 514: Substitution of Work Experience for Postsecondary Educational Requirements
  • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
  • SB 520: Public Records and Public Meetings
  • SB 524: Election Administration
  • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
  • HB 535: Barefoot Bay Recreation District, Brevard County
  • HB 539: Nursing Home Financial Reporting
  • SB 542: Evidentiary Standards for Actions Arising During an Emergency
  • HB 543: Uterine Fibroid Research and Education
  • SB 544: Drug-related Overdose Prevention
  • SB 566: Mental Health Professional Licensure
  • SB 638: Early Childhood Music Education Incentive Pilot Program
  • SB 704: Substance Abuse Service Providers
  • HB 749: Fraud Prevention
  • SB 846: Florida Statutes
  • SB 848: Florida Statutes
  • SB 850: Florida Statutes
  • SB 852: Florida Statutes
  • HB 873: Pub. Rec./Execution Information
  • HB 893: Child Welfare Placements
  • HB 895: Lakewood Ranch Stewardship District, Manatee and Sarasota Counties
  • HB 925: Benchmark Replacements for London Interbank Offered Rate
  • SB 926: Licensure Examinations for Dental Practitioners
  • HB 927: Downtown Crystal River Entertainment District, Citrus County
  • HB 929: City of West Palm Beach, Palm Beach County
  • SB 934: Public Records/Homelessness Counts and Information Systems
  • SB 962: Residential Development Projects for Affordable Housing
  • SB 968: Individual Retirement Accounts
  • SB 988: In-person Visitation
  • HB 993: Sebring Airport Authority, Highlands County
  • HB 1045: West Villages Improvement District, Sarasota County
  • SB 1046: Public Records/Law Enforcement Geolocation Information
  • HB 1047: Cedar Hammock Fire Control District, Manatee County
  • SB 1048: Student Assessments
  • HB 1057: Evidence of Vendor Financial Stability
  • SB 1058: Property Insurer Reimbursements
  • SB 1062: Service of Process
  • SB 1078: Soil and Water Conservation Districts
  • HB 1103: North River Ranch Improvement Stewardship District, Manatee County
  • HB 1105: Lake County Water District, Lake County
  • HB 1107: City of Inverness, Citrus County
  • HB 1135: Santa Rosa County
  • HB 1189: Firefighters’ Relief and Pension Fund of the City of Pensacola, Escambia County
  • SB 1222: Acute and Post-acute Hospital Care at Home
  • HB 1231: East Lake Tarpon Community, Pinellas County
  • SB 1239: Nursing Homes
  • SB 1380: Real Property Rights
  • HB 1423: City of Edgewood, Orange County
  • HB 1427: Hillsborough County Aviation Authority
  • HB 1429: City of Ocala, Marion County
  • HB 1431: City of Apopka, Orange County
  • HB 1433: Orange County
  • HB 1435: Code and Traffic Enforcement
  • HB 1475: Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances
  • HB 1495: Immokalee Water and Sewer District, Collier County
  • HB 1497: City of Jacksonville, Duval County
  • HB 1499: City of Key West, Monroe County
  • HB 1563: Homestead Property Tax Exemptions for Classroom Teachers, Law Enforcement Officers, Firefighters, Emergency Medical Technicians, Paramedics, Child Welfare Professionals, and Servicemembers
  • HB 1581: Jackson County Sheriff’s Office
  • HB 1583: Emerald Coast Utilities Authority, Escambia County
  • HB 1591: Hernando County
  • SB 1614: Public Records/Motor Vehicle Crashes/Traffic Citations
  • SB 1658: Executive Appointments
  • SB 1808: Immigration Enforcement
  • SB 2516: Office of the Judges of Compensation Claims
  • HB 6513: Relief/Kareem Hawari/Osceola County School Board
  • SB 7014: Civil Liability for Damages Relating to COVID-19
  • HB 7027: The Judicial Branch

Taking Effect in July:

  • HB 3: Law Enforcement
  • HB 5: Reducing Fetal and Infant Mortality
  • HB 7: Individual Freedom
  • HB 31: Firefighter Inquiries and Investigations
  • HB 45: Educational Opportunities for Disabled Veterans
  • HB 105: Regulation of Smoking By Counties and Municipalities
  • SB 144: Identification Cards
  • SB 160: Transportation-related Facility Designations
  • HB 173: Care of Students with Epilepsy or Seizure Disorders
  • HB 195: Juvenile Diversion Program Expunction
  • SB 196: Florida Housing Finance Corporation
  • HB 197: Pub. Rec./Nonjudicial Arrest Record of a Minor
  • SB 222: Swimming Pool Specialty Contracting Services
  • SB 224: Regulation of Smoking in Public Places
  • HB 225: Charter School Charters
  • SB 226: Care for Retired Police Dogs
  • SB 235: Restraint of Students with Disabilities in Public Schools
  • SB 236: Children with Developmental Delays
  • SB 254: Religious Institutions
  • HB 255: Private Instructional Personnel Providing Applied Behavior Analysis Services
  • SB 266: Motor Vehicle Insurance
  • SB 282: Mental Health and Substance Use Disorders
  • SB 288: Electronic Dissemination of Commercial Recordings and Audiovisual Works
  • SB 312: Telehealth
  • SB 350: Procedures for Petitions for Utility Rate Relief
  • SB 352: Construction Liens
  • HB 357: Pharmacies and Pharmacy Benefit Managers
  • HB 375: Structural Engineering Recognition Program for Professional Engineers
  • HB 381: Breach of Bond Costs
  • HB 397: Court Fiscal Administration
  • SB 418: Assistive Technology Advisory Council
  • HB 423: Building Regulation
  • SB 442: Powers of Land Authorities
  • HB 453: Officer and Firefighter Physical Examination Requirements and Records
  • SB 454: Florida Commission on Offender Review
  • HB 469: Patient Care in Health Care Facilities
  • SB 474: Recreational Off-highway Vehicles
  • HB 481: Temporary Underground Power Panels
  • HB 459: Step-therapy Protocols
  • HB 469: Patient Care in Health Care Facilities
  • SB 514: Substitution of Work Experience for Postsecondary Education Requirements
  • SB 518: Private Property Rights to Prune, Trim, and Remove Trees
  • SB 534: Prescription Drugs Used in the Treatment of Schizophrenia for Medicaid Recipients
  • HB 539: Nursing Home Financial Reporting
  • SB 542 Evidentiary Standards for Actions Arising During an Emergency
  • HB 543: Uterine Fibroid Research and Education
  • SB 544: Drug-related Overdose Prevention
  • SB 562: Military Occupational Licensure
  • HB 593: Telecommunicator Cardiopulmonary Resuscitation
  • SB 596: Criminal Conflict and Civil Regional Counsels
  • SB 598: Public Records/Criminal Conflict and Civil Regional Counsel Office
  • SB 606: Boating Safety
  • HB 615: Human Trafficking
  • HB 631: Airport Funding
  • SB 632: Occupational Therapy
  • SB 634: Judicial Notice
  • HB 689: Workers’ Compensation Benefits for Posttraumatic Stress Disorder
  • SB 706: School Concurrency
  • SB 722: Education for Student Inmates
  • SB 752: Probationary or Supervision Services for Misdemeanor Offenders
  • SB 758: Education
  • SB 768: Department of Health
  • SB 806: Alzheimer’s Disease and Related Forms of Dementia Education and Public Awareness
  • HB 817: Emergency Medical Care and Treatment to Minors Without Parental Consent
  • HB 837: Hurricane Loss Mitigation Program
  • SB 838: Fire Investigators
  • SB 854: Florida Statutes
  • HB 855: Managed Care Plan Performance
  • SB 856: Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems
  • SB 882: Inventories of Critical Wetlands
  • SB 896: Educator Certification Pathways for Veterans
  • SB 898: Lodging Standards
  • HB 899: Mental Health of Students
  • HB 909: Pollution Control Standards and Liability
  • SB 914: Department of Highway Safety and Motor Vehicles
  • HB 915: Commercial Motor Vehicle Registration
  • HB 921: Campaign Financing
  • HB 959: Department of Financial Services
  • HB 963: Funding for Sheriffs
  • HB 965: Environmental Management
  • HB 967: Golf Course Best Management Practices Certification
  • SB 1000: Nutrient Application Rates
  • SB 1006: State Symbols
  • SB 1012: Victims of Crimes
  • HB 1023: Insolvent Insurers
  • SB 1038: Florida Seaport Transportation and economic Development Council
  • SB 1048: Student Assessments
  • SB 1054: Financial Literacy Instruction in Public Schools
  • HB 1097: Florida Citrus
  • HB 1099: Living Organ Donors in Insurance Policies
  • SB 1110: Grease Waste Removal and Disposal
  • HB 1119: Grandparent Visitation Rights
  • SB 1140: Alarm Systems
  • SB 1186: Agritourism
  • SB 1190: Two-way Radio Communication Enhancement Systems
  • HB 1209: Administration of Vaccines
  • SB 1222: Acute and Post-acute Hospital Care at Home
  • SB 1236: County and Municipal Detention Facilities
  • SB 1244: Statutes of Limitation for Offenses Relating to Sexual Performance by a Child
  • SB 1246: County and Municipal Detention Facilities
  • HB 1249: Treatment of Defendants Adjudicated Incompetent to Stand Trial
  • SB 1262: Mental Health and Substance Abuse
  • SB 1304: Public Records/Trust Proceedings
  • HB 1349: Guardianship Data Transparency
  • SB 1360: Governor’s Medal of Freedom
  • SB 1368: Trusts
  • SB 1374: Clinical Laboratory Testing
  • HB 1411: Floating Solar Facilities
  • HB 1421: School Safety
  • SB 1432: Vessel Anchoring
  • HB 1445: OGSR/Dependent Eligibility Information/DMS, contingent upon SB 7026
  • HB 1467: K-12 Education
  • HB 1469: Transportation Facility Designations
  • SB 1474: Online Training for Private Security Officers
  • SB 1502: Estates and Trusts
  • SB 1526: Public Records/Annuity Contract Payees
  • SB 1552: Direct-support Organization for the Florida Prepaid College Board
  • HB 1557: Parental Rights in Education
  • HB 1577: Homeless Youth
  • SB 1680: Financial Institutions
  • SB 1712: Veteran Suicide Prevention Training Pilot Program
  • SB 1764: Municipal Solid Waste-to-Energy Program
  • SB 1770: Donor Human Milk Bank Services
  • SB 1844: Mental Health and Substance Abuse
  • SB 1950: Statewide Medicaid Managed Care Program
  • SB 2510: Florida Gaming Control Commission
  • SB 2518: Information Technology
  • SB 2524: Education
  • SB 2526: Health
  • SB 2530: Motor Vehicle Title Fees
  • HB 5001: General Appropriations Act
  • HB 5003: Implementing the 2022-2023 General Appropriations Act
  • HB 5005: Collective Bargaining
  • HB 5007: State-administered Retirement Systems
  • HB 5009: State Group Insurance Program
  • HB 5301: Capitol Complex
  • SB 7026: OGSR/Dependent Eligibility Verification Services
  • HB 7029: Time Limitations for Preadjudicatory Juvenile Detention Care
  • SB 7034: Child Welfare
  • SB 7036: Lifeline Telecommunications Service
  • SB 7044: Postsecondary Education
  • HB 7053: Statewide Flooding and Sea Level Rise Resilience
  • HB 7055: Cybersecurity
  • HB 7057: Pub. Rec. and Meetings/Cybersecurity, contingent upon HB 7055
  • HB 7065: Child Welfare
  • HB 7071: Taxation

Laws Taking Effect in 2023

  • HB 273: Money Services Businesses, takes effect Jan. 1, 2023
  • SB 292: Newborn Screenings, takes effect Jan. 1, 2023
  • SB 336: Uniform Commercial Code, takes effect Jan. 1, 2023
  • SB 754: Mobile Home Registration Periods, takes effect Sept. 1, 2023
  • HB 7049: Legal Notices, takes effect Jan. 1, 2023

 

It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws  Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

It’s too easy to steal from vulnerable Florida homeowners. Lawmakers can fix HOA laws Read more at: https://www.miamiherald.com/opinion/op-ed/article269211377.html#storylink=cpy

The recent arrests of Hammocks Community Association members have cast a long-overdue light on the plight of helpless homeowners when the directors of a homeowners association (HOA) go deliberately wrong.

The Florida Legislature specifically designed the state’s HOA law to limit government’s ability to regulate HOAs, explaining, “It is not in the best interest of homeowners’ associations or the individual association members thereof to create or impose a bureau or other agency of state government to regulate the affairs of homeowners’ associations.”

While this may be a virtuous conceptual approach, it has created the unintended consequence of leaving homeowners with little, if any, protection or opportunity of redress when HOA board members raid association bank accounts. In this criminal case, we believe the evidence can prove the theft of well over $1 million of homeowners’ monies. But we think the actual loss is much higher.

Sadly, we have seen instances of greedy or unscrupulous board members take advantage of this lack of oversight before. They often hide their misconduct by making it extraordinarily difficult and expensive for homeowners to effectively access and examine any records. Ironically, homeowners typically are stuck paying exorbitant legal fees for accessing information to which they should be entitled. Current law renders the only Florida agency with the slightest regulatory authority, the Department of Business and Professional Regulation (DBPR), impotent to provide the oversight that HOA residents deserve. The law also makes it unnecessarily burdensome for law-enforcement officers to obtain evidence of wrongdoing.

In 2016, I brought similar problems regarding condominium oversight and financial records accessibility to the attention of our grand jury. Their detailed report included a number of recommendations to alleviate the problem. While condominiums are not HOAs, the problems of records accessibility and financial mismanagement are surprisingly similar.

Homeowners in HOAs should be protected. Based on experiences learned during our criminal investigation, the Florida Legislature can take several steps that would go far to help vulnerable homeowners throughout Miami-Dade County, and all of Florida, without creating the government overreach the lawmakers rightfully wished to avoid:

▪ Amend the HOA law to include the same minimal protections given to condominium owners.

▪ Amend the HOA and condominium laws to provide criminal penalties for the destruction of association records or the failure to provide records upon lawful request.

▪ Amend both statutes to include criminal penalties for election fraud.

▪ Amend the law to allow DBPR to oversee HOAs and condominiums more effectively. At a minimum, the Legislature should authorize DBPR to inspect records and to personally fine board members for failing to comply with the law or provide reports to members in a timely manner.

▪ Expand the Florida condominium ombudsman’s ability to oversee condominiums and allow the ombudsman to review HOA complaints.

I was gratified to see the Miami Herald’s Editorial Board recognize some of the challenges we face during our ongoing criminal prosecution and continued investigation into the Hammocks Community Association and the clear need for focused change in the oversight of Florida’s thousands of HOAs.

As always, I would welcome the opportunity to work closely with any of our legislators who want to address the homeowners victimized by one of Florida’s largest HOAs. This issue is far too important to ignore.

 

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance

Attention Florida Property Managers & Building Owners:

The State of Florida has issued a recent update to the State of Florida Elevator Code that requires that all existing elevators must be in compliance with part 3.10.12 of ASME A17.3-2015, Safety Code for Existing Elevators and Escalators.

 

A17.3-2015 Contains the Retroactive Requirement 3.10.12 System to Monitor and Prevent Automatic Operation of the Elevator with Faulty Door Contact Circuits. All conveyances licensed by the State of Florida Bureau of Elevator Safety, including those located within the 5 contracted jurisdictions (Broward, Miami-Dade, City of Miami, City of Miami Beach, Reedy Creek Development District) must be in compliance with the above Code by December 31, 2023. This system is referred to as Door Lock Monitoring.

By December 31, 2023 ALL Existing Elevator Must Have Been:

·         For Elevators Installed Prior to A17.1 2000 (MOST ELEVATORS)

Equipped with a New Hardware and Software Upgrade and Inspected by a Licensed Elevator Contractor.

 

·         For Elevators Installed Under A17.1 2000 or Newer

Inspected by a Licensed Elevator Contractor to Ensure Door Lock Monitoring is Functional and Code Compliant. These elevators may STILL require New Hardware and Software Upgrades depending on the Controller Manufacturer.

 

Frequently Asked Questions

Is Door Lock Monitoring Mandatory for my County?

Yes, Door Lock Monitoring is mandatory for ALL elevators in the State of Florida

 

Do I need to use my Current Vendor to install Door Lock Monitoring?

No, you can use any experienced vendor to perform your Door Lock Monitoring installation. This is considered work outside your Service Agreement.

 

What happens if I do not comply?

Failure to comply with Door Lock Monitoring will result in failed inspections and fines from the State and/or County.


 

Contact your Elevator Contractor or find top companies on our Directory for Florida Members

 

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Federal Court Identifies Potential Collection Issue for Community Associations in Florida

Community association operations rely upon the timely and full payment of all assessments by all of the owners. One of the mechanisms that Florida law provides to put associations in a stronger position when an owner becomes delinquent is the “secured interest” of the association in the unpaid assessments by way of its ongoing lien against the unit or lot for the unpaid assessments. This secured interest puts the claim of the association at a higher priority than most other claims, other than a first mortgage or unpaid property taxes. However, a recent decision in the United States Bankruptcy Court for the Southern District of Florida, In re: Adam, Case No.: 22-10140-MAM, September 23, 2022, has cast a potential cloud on that secured interest.

In the In re Adam case, the Association previously obtained a judgment of foreclosure for over $76,000, which was considered as a secured interest by the Court. The Association was also claiming an additional $36,558 which came due after the judgment was entered. The owners were asking the Court to decide that the $36,000 was not secured and therefore uncollectible in the bankruptcy (or at least not fully collectible).

In deciding whether certain association claims were secured and collectible in the bankruptcy setting, the Court undertook an analysis of Florida law on the subject. The Court noted that both the Florida Condominium Act (Chapter 718 F.S.) and the Homeowner’s Association Act (Chapter 720 F.S.) currently contain express provisions that identify that the lien of the association is effective from the original recording of the declaration (with the added requirement in HOA’s that the declaration specifically expresses this lien right). However, the Court also points out that the Condominium Act was amended in 1992 to provide for this effective date. (The Homeowner’s Association Act was amended to provide for it in 2008.) Prior to these amendments, these Statutes provided for the effective date of the lien to be when it was recorded in the public records of the county. The analysis of the Court required it to consider whether the current version of the Statute applies to the situation or whether an earlier version of the Statute is the controlling authority. (This case involved a condominium so only the Condominium Act was considered in the decision.)

To make that determination, the Court applied the principles of the seminal case of Kaufman v. Shere, 347 So.2d 627 (Fla. 3d DCA 1977), which require declarations to contain the specific phrase “as amended from time to time” when identifying the Statute that governs the documents in order for the current version of the Statute to apply. This is because Statutes are not retroactive in their application unless the legislature expressly makes them so in the Statute itself. Both the U.S. and Florida Constitutions do not allow for the State to make a law that infringes upon the vested rights in an existing contract (which would be the declaration). As a result, the contract (declaration) would need to have the specific “as amended from time to time” language (often called “Kaufman” language) to automatically incorporate changes to the Statute that is not otherwise retroactive.

When the Court reviewed the governing documents, it noted that they were from 1987 and did not have the Kaufman language. As such, the Court held that the provisions of the declaration were the same as the Statute in 1987, which provided that the lien was effective only upon being recorded in the public records of the county. Since the Association did not file another lien for the amount being claimed subsequent to the foreclosure judgment, the Court concluded that this portion was not secured. In the bankruptcy setting, this meant that the Association would likely be unable to recover most, if not all of this claim from the Debtors, Mr. and Ms. Adam.

While this issue may be most relevant to associations when dealing with a case in bankruptcy, it is possible that it could also be raised in state court foreclosure cases under certain circumstances. It is also important to note that this Bankruptcy Court did not include a significant issue in the analysis regarding the Statute at issue, that being whether or not the statutory provision was “substantive” or “procedural”, as those terms apply to this situation, which could have led to a different result. (This portion of the legal analysis is quite technical and beyond the scope of this article.)

For communities whose declarations were recorded prior to the statutory changes described above, the first step in protecting the interests of the association is to review the documents to determine whether Kaufman language is already in them. If not, the board may wish to consider proposing an amendment to the owners to change the documents to include this language, if not for the entire declaration, then at least for the timing of the effectiveness of the lien of the association. Having qualified legal counsel review these issues in the documents is a strong business practice.

About Robert
Robert L. Kaye is Board Certified in Condominium and Planned Development Law. Mr. Kaye attended Michigan State University, graduating with a B.B.A. in General Business in 1976. In 1986, Mr. Kaye graduated from the Detroit College of Law, magna cum laude. Mr. Kaye initially practiced tax law for the firm of Raymond, Rupp, Weinberg, Stone & Zuckerman, P.C. in Troy, Michigan, before moving to South Florida in 1987, joining Becker & Poliakoff to concentrate in the area of community association representation. In 1991, Robert Kaye left that employ to start Kaye & Roger, P.A. He was the managing shareholder of the Firm from its inception, directing all legal operations and overseeing its growth to represent over 1,000 Communities in South Florida at the time of its name change to Robert Kaye & Associates, P.A. on January 1, 2003.
On January 1, 2009 Mr. Kaye joined with Michael Bender to form Kaye & Bender, now known as Kaye Bender Rembaum, after Jeffrey Rembaum joined in 2012. Mr. Kaye serves on the Florida Bar’s Grievance Committee, is a member of the Condominium Committee of the Real Property Section of The Florida Bar, and previously served on the Committee on the Unlicensed Practice of Law. He also lectures on Community Association law and is regularly published on the subject. Mr. Kaye hosts KBR’s appearances on the radio show, ‘Ask the Experts’, from 6pm to 7pm, the first Thursday of each month.
See his full bio HERE.

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The Truth About HOA Bank Foreclosure, by Mitch Drimmer

The Truth About HOA Bank Foreclosure, by Mitch Drimmer

The Truth About HOA Bank Foreclosure

This subject is very painful. We see it all too often in the HOA delinquency and collection world. And yet, it is not hopeless.

It is hard for a community to have to write off amounts that were left owing from a bank foreclosure in your community association. If you are in a super lien state, upon an HOA bank foreclosure, lending institutions will throw you a few bucks for your trouble. If an owner was foreclosed upon in a super lien state, don’t expect more than 6 months’ worth of assessments (it varies between states, but six months is the average).

It’s a pittance! And what makes it worse is that the banks are often unconcerned about speed when foreclosing–especially when dealing with a non-performing unit. Is a super lien amount enough to satisfy your association’s needs? I think not.

Communities will wonder: does my association have to write off the balance owed?

But that isn’t the question you should be asking. Instead, you need to focus all of your attention on recovering that money.

Was It Really an HOA Bank Foreclosure?

When the bank foreclosed, did they take title, or did they sell the property to a third-party purchaser?

This is a critical question. The answer can make all the difference between getting nothing or getting everything–and I mean every dime that was owed when the bank foreclosed.

In state statutes (and most likely in your governing documents) there is the concept of “Joint and Several Liability.” This doctrine makes it possible for community associations to exist, in that if I sell a property and owe the association money that obligation rides along and is the responsibility of a new purchaser.

With that in mind, when a bank forecloses and the unit is purchased, it is important to determine who was on the chain of title. If the bank foreclosed and sold the unit before they took title, then the association’s lien was not extinguished. This was not a foreclosure where the bank could hide behind their lien priority. THIS WAS A SALE.

Because it was a sale, the association is entitled to recover every penny. When Axela Technologies is servicing a debt, we do not depend on the lender to be an honest agent. This is an arm’s length transaction, and although the association is not a buyer or a seller in this deal, they do have money at stake and require professional representation (that does not cost $350 an hour) that has their interests at heart.

When a bank forecloses, look and see if they had title and sold it, or sold it post-judgment. If they did not take title, this is the difference between a successful collection event and taking a hit (sometimes substantial).

Pursuing a Surplus From a Bank Sale

Often when a bank forecloses and takes title, they will sell their REO (Real Estate Owned Property) at auction or through standard real estate brokers. In these times of real estate appreciating at a rapid rate and inflation roaring, banks will often sell the property that they foreclosed upon for more than they are allowed to recover. That results in a foreclosure surplus, and the association (by right of the contractual lien in your governing documents) has the right to claim that surplus amount.

At Axela Technologies we do this every day because if we do not recover our fees, then we do not get paid. Unlike your attorney, we don’t tell you to write it off and send you a bill, because our interests are aligned with the association. If you have had a unit foreclosed upon and don’t know if it was sold at a surplus, then somebody is not trying hard enough to recover what is legally, rightfully, and ethically money that belongs to the association.

Post-Foreclosure Recovery From the Delinquent Owner

Let’s assume that when the HOA bank foreclosure concluded, everything was done in order and there was no surplus for the association to recover. What happens then?

Well when the bank foreclosed on that unfortunate member of your association, and they left the membership holding the bag for their delinquent assessments, the debt was not extinguished.

Let me repeat that: an owner who owes the association money before an HOA bank foreclosure STILL owes that money after they have lost their house.

Now you may be inclined to say that this was a poor unfortunate person and to pursue them is heartless. In reality, it is heartless NOT to pursue this money. You must consider the good paying owners who picked up the cash shortfall by way of increased assessments and special assessments. Choosing not to pursue that debt means they footed the bill for nothing.

Axela Technologies has a cure for that as well.

Our Post-Foreclosure recovery program allows us to pursue these debts on a contingency basis. If we recover, it is like finding $20.00 in your jeans when you pull them out of the dryer, but way better. (Note: Contingency collections are not available in Texas.)

Let Axela Technologies Help

If your community association has delinquencies, remember that they do not end with an HOA bank foreclosure, or even an association/foreclosure. It ends when the debt is either collected or determined to be absolutely, positively uncollectible. Contact Axela Technologies and speak with our knowledgeable recovery specialists. Let us help you obtain the holy grail of community association governance that is a balanced budget.

 

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Homeowner claims her house was foreclosed and sold by HOA without her knowing

Homeowner claims her house was foreclosed and sold by HOA without her knowing

Homeowner claims her house was foreclosed and sold by HOA without her knowing

NORTH CAROLINA — When the caller on the other end of the phone asked Trenita Rogers when she was moving out of her house, she thought it was a joke.

She’s owned her home in Pitt County, North Carolina, for 12 years and even paid it off. So she was shocked when a man told her that he’d bought it.

“I said, ‘I don’t know anything about that.’ And he said, ‘Yeah, I bought your home in an upset bid and I need to know when you will be moving,'” Rogers remembered.

She quickly found out he wasn’t lying. At the county courthouse, she found the paper that showed that her home, which is valued at $413,000, was sold for just over $221,000.

The sale came after the property was foreclosed on — something that Rogers said also happened without her knowledge.

This all stemmed from a debt of $1,491 to an HOA that Rogers didn’t know she was a part of.

“I’ve been there for 12 years. I’ve never paid an HOA. I’ve never been invited to an HOA,” Rogers said.

The debt was an accumulation of a decade’s worth of annual HOA dues.

Rogers said she would have paid the debt if she had known. Court records show the HOA had filed liens against Rogers’ property in the past for late dues. A lien is on file for the property in 2013 and 2017; both for unpaid HOA dues. Rogers claimed she was unaware of these.

 

This summer, Rogers eventually got an eviction notice. She moved out of her “forever” home and is living with a friend.

“My life has become an open book,” Rogers said. But now, she is working to reverse the last chapter.

Rogers hired Chapel Hill-based attorney Jim White to fight for her home back.

“I told my daughter, I said, ‘Mom’s gonna fight for this because this is wrong,'” Rogers said.

White said Rogers did receive letters from a law office but she thought they were junk mail and the law requires more notification than that.

“The HOA never served her lawsuit papers. They just didn’t do it and that is fatal,” White said.

White explained the papers for the foreclosure hearing were sent out as certified mail but instead of getting Rogers’ signature, the mail carrier just wrote C-19 for COVID-19 in place of the signature. This practice was used at the height of the pandemic to limit carriers’ exposure to the virus. Rogers claimed she never saw the documents from the mail carrier.

“The law says you’ve got to serve somebody. You’ve got to. If you’re suing somebody, you’ve got to make sure that they’ve gotten notice,” White said. “The thought that someone could just casually move forward at someone’s home over a $1,400 debt without turning over heaven and earth to make sure that they knew just seems wrong to me.”

The lawsuit White filed on Rogers’ behalf does state that someone from the Pitt County Sheriff’s Office did try twice to deliver a notice of the hearing in-person last September, but they were “unsuccessful.”

Rogers’ HOA, Irish Creek Section 2 Owners Association, declined to comment on the issue, citing the pending lawsuit.

 

The attorney representing the seller who bought Rogers’ home said while Rogers never signed the official papers, the C-19 signature doesn’t mean she didn’t see them. The attorney also said his client bought the house in a competitive bidding process and has been unable to access the home.

Rogers has a court date next month where she hopes to reverse the sale and the foreclosure due to the lack of notification she received.

Unfortunately, White said he continues to hear from clients with similar stories.

He’s seen cases where associations foreclosed on a fully owned home for $250 in unpaid fees. In other instances, the HOA was sending the bills to the wrong address, which led to late fees and then foreclosures.

“We’ve had so many situations of people; these are their neighbors, they knew where they lived. Somebody could have knocked on the door. Somebody could have called and they did not do that,” White said.

White said the law surrounding notification is a big area where small legal changes could make a difference.

“I think the problem is there really is no such thing as an HOA foreclosure defense in North Carolina. The law is tilted heavily in favor of homeowners associations,” White said.

He explained HOAs have just as much power as banks in foreclosures, which means they don’t need to go in front of a judge.

While many imagine HOA boards as a group of pesky neighbors, they are often run by national management companies with no real connection to properties.

“The law is set up to protect homeowner associations, not homeowners. The laws were written by lobbyists and attorneys for homeowners associations to make it easier for them to do what they need to do,” said Jason Pickler, a senior staff attorney for the North Carolina Justice Center. “The consumer protections are not robust.”

And often when the issue with the HOA is not over a large amount of money, it can become increasingly challenging for homeowners to find a lawyer to represent them.

Pickler said additionally there is also a lack of resources and education for people facing housing issues.

“Even though your home is so important to you… and it’s your biggest asset, unfortunately, if someone is trying to take that home away from you, it’s not criminal; it’s civil,” Pickler said. “So if you don’t have the money to pay an attorney, then you’re scrambling to try to get help.”

White advised residents who do know they have HOA dues and if they know they are behind to get caught up to avoid foreclosure altogether.

But White said there are things lawmakers can do to make this process harder.

“I think the process should be a lot harder. There should be strict notice requirements and strict proof of notice,” White said.

“The law says that an HOA has this right. And then the question is, what you legally can do just versus what ethically is right,” White said. “What’s going on, it’s just not right. It’s really that simple.”

Advice for homeowners with HOAs:

  • Stay current on HOA payments and fines.
  • White said to become involved with the HOA board. He said to vote, and participate, even run for office.
  • Keep notes when interacting with HOAs.
  • Before buying into a neighborhood decide if you want to be in one that has an HOA.
  • Read the bylaws of the HOA you are buying into before purchasing your home.