Become our Member : JOIN SFPMA TODAY   LogIn / Register: LOGIN/REGISTER

SFPMA Industry Articles | news, legal updates, events & education! 

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

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.

Tags: ,
The Truth About HOA Bank Foreclosure, by Mitch Drimmer

The Truth About HOA Bank Foreclosure, by Mitch Drimmer

The Truth About HOA Bank Foreclosure

Mitch Drimmer

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.

 

Tags:
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.

 

We hope that you are able to make a donation of any amount to our fundraiser because there is still so much to accomplish in defeating blood cancers once and for all!

We hope that you are able to make a donation of any amount to our fundraiser because there is still so much to accomplish in defeating blood cancers once and for all!

The Leukemia & Lymphoma Society (LLS) exists to help cure blood cancers and improve the quality of life of patients and their families.
Every year we raise funds for LLS because of how important this lifesaving organization is to us. Last year we raised over $20,000 (THANK YOU!). Inspired by your generosity and determination to fight for a cure, this year we increased our goal to $35,000!
Here’s how your donation to LLS changes lives!
  • Since 1949, LLS has invested nearly $1.3 billion in cancer research – funding nearly all of today’s most promising advances, and bringing us closer to cures.
  • Last year, LLS Information Specialists responded to nearly 20,000 inquiries from patients and caregivers, guiding them to a wide array of education and support services.
  • LLS has a nationwide grassroots network of more than 100,000 volunteers who advocate for state and federal policies that benefit patients.
We hope that you are able to make a donation of any amount to our fundraiser because there is still so much to accomplish in defeating blood cancers once and for all!

Madison Cohen and Harvey Cohen share their touching story of survival and hope.

Please go to:

Welcome to Cohen- Marketing Team’s Fundraising Page

Cohen Law Group are members of SFPMA and we support this fundraising and health of Madison

Frank J Mari / Executive Director SFPMA

Tags: , ,
Does your property have any code violations or expired permits? The Team at Aruba can help!

Does your property have any code violations or expired permits? The Team at Aruba can help!

Does your property have any code violations, unpermitted work, or expired permits?

The Team at Aruba can help!

As the leading professionals in SouthFlorida, we will resolve all issues and ensure your property is in compliance!Aruba Permit Services is your one-stop-shop provider for closing all your open/expired building permits and code violations.

Our President, Joseph Florea, has over 30 years of experience. He is a licensed and insured General Contractor and Roofer.
The value of this service has been recognized by title companies, lenders, real estate brokerages and attorneys. Aruba Services can assist agents and offices in expediting closings where the subject house or commercial building has an “Open Building Permit & Code Violation” attached to it.

Find us on the Florida Members Directory: The top vendors being used today on Condo, HOA and Property Management Industry.
Visit our site, https://www.aruba-services.com or call us @ 954.786.7292!
Tags: , ,
Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida

Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida

Vail Marketing Solutions Partners with Thompson Exterior Services to Expand Services in South Florida
Ft. Lauderdale, Florida – Vail Marketing Solutions and Thompson Exterior Services have
recently announced their strategic partnership to expand the scope of their services into South
Florida in Miami-Dade and Broward Counties. Vail Marketing Solutions is excited to assist
Thompson Exterior Services with business development, marketing, and account management
in the Greater Miami area as its first client in the region.
Thompson Exterior Services has long-standing relationships with several clients in the Miami
metropolitan area. This marketing partnership enables Thompson Exterior Services to focus on
what it does best — serving the commercial and luxury high-rise communities while extending
its reach to new clients.’
Thompson Exterior Services prides itself on helping communities meet code and other
mandatory ordinances, such as the 40-Year Recertification, while maintaining the aesthetic and
functionality of such facilities. Partnering with Vail Marketing Solutions will help the company
develop even more robust processes to ensure customer satisfaction and success
About Vail Marketing Solutions
Vail Marketing Solutions, based in the New York City metropolitan area, is a multi-service
consulting firm owned by Jessica Vail that serves clients within the construction and real estate
industries. Ms. Vail brings over 14 years of results-oriented experience to her A/E/C clients in
marketing and business development.
Jessica Vail is an active member of several organizations intrinsic to the industries she serves,
including her contributions as the Events Committee Co-Chair for Professional Women in
Construction (PWC) and the Former Chair of the Business Partners Committee for Community
Associations Institute and active member of the New Jersey Subcontractors Association.
About Thompson Exterior Services
Thompson Exterior Services was grown from Thompson Touch, founded in March 2010, and is
now a flourishing million-dollar company. The company is already well-known in its primary
service areas as a small business built on the back of determination and quality service—with
four offices spanning the east coast in New Jersey, New York, and Florida.
Josh Thompson, President and Founder of Thompson Exterior Services began cleaning
windows at the age of sixteen. Thompson long envisioned his company becoming the largest
high-rise facade maintenance company in the New York City metropolitan area. Recently,
Thompson Exterior Services expanded its scope to construction management and as a general
contracting firm.’
With an expansion into South Florida, Thompson Exterior Services continues to provide power
washing and cleaning, glass restoration, facade and balcony restorations, curtain wall systems,
and more for high-rise, commercial and residential facilities—as well as helping clients meet
vital code ordinances and safety inspections.
1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member, Licensed and Insured Roofing Contractor in the State of Florida.

1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member, Licensed and Insured Roofing Contractor in the State of Florida.

  • Posted: Nov 03, 2022
  • By:
  • Comments: Comments Off on 1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member, Licensed and Insured Roofing Contractor in the State of Florida.

Meet Eduardo Mondragon, the President of 1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member and Licensed and Insured Roofing Contractor in the State of Florida.

This introduction is to let you learn more about our goal to working with the property management, condo and hoa’s to provide you our services.

We have a lot of experience accumulated over 30 years in the construction sector and specialized in Roofing. My crews are bilingual. I am located on Palm Beach, We do all phases of roofing like repairs, re-roofing, new construction roofing and roof maintenance.

1 Choice Restoration Consultant Inc

Roofing, Waterproofing & Stone and Building Restoration

Our corporate experience and the individual skill of our superintendents and tradesmen are keys to a successful job. We know what materials and techniques will yield the highest performance for your specific conditions and budgets. We advise clients on the methods most appropriate for cost and time savings. The best evidence of our successful craftsmanship is the long list of repeat customers, owners, contractors and construction managers who invite us to work on their projects.

Our strength is in our ability to address any situation presented. Whether it is development and completion of yearly maintenance plans, or the complete structural restoration of a structure, we have the knowledge, ability, and manpower required. Our knowledge and experience allows us to work hand in hand with owners, operators, and engineers in the development and implication of project budgets, repair techniques, and high-quality on-time repairs.

Learn more and please contact us for your roofing projects.

 

Eduardo Mondragon
Roofing Team dba 1st Choice Restoration Consultant Inc.
561-929-4329 Office
561-889-6520 Cell
407-779-8306 Cell
561-258-8205 Fax
Tags: ,
The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years

The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years

  • Posted: Oct 28, 2022
  • By:
  • Comments: Comments Off on The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years

MANDATORY RESERVES

By Jan Bergemann

Finally the Florida Legislature got the message they should have gotten 20 years ago: FULLY FUNDED RESERVES ARE MANDATORY!

And even if the legislature gave condo owners a reprieve until December 2025, condo owners should start now to consider their options:

Will they be able to afford the much higher maintenance fees they will have to pay monthly in the future or will these much higher fees break their household budget?

Let’s just face it: For most of the years past condo owners waived reserves in order to keep maintenance fees artificially low – meaning that many of the associations at this point don’t have any reserves worth talking about. Remember: According to media reports the Champlain Tower South had only $700,000 in reserves, but needed about $16M to pay for the necessary repairs.

That will have to change real fast and the fact that many of the required inspections will have to be followed up by costly repairs and maintenance high special assessments are on the horizon for many hi-rise buildings (buildings higher than three floors).

As much as this change to the Florida statutes was long overdue it will definitely price quite a few families out of their homes. But in all reality there is really no other way around it and the fact that many condo owners used the loophole in the statutes that allowed waiving the funding of reserves is now coming back to haunt the owners who in former times dismissed the idea of funding reserves.

We already see condo owners protesting against boards about the problems that are visible in these buildings. The big question in these cases: Does the association have the necessary funds to take care of the needed maintenance and repairs or are the owners willing and able to pay the special assessment the board might have to levy in order to pay for the contractor?

The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years – and we will have to see how strong the government agencies tasked with overseeing these new provisions in FS 718 are enforcing these provisions.

Our Blog ( Industry Articles ) can be found on SFPMA.com – between our writers and all members of sfpma we have been for over 15 years keeping our industry up to date with the right Legal, Business and Services Articles. SFPMA sends and publishes these and sends to over 230,000 emails keeping everyone informed.

Look for our article upcoming on Condo Funds and Investments, on SFPMA

Tags: , , , ,