Become our Member : JOIN SFPMA TODAY LogIn / Register: LOGIN/REGISTER
Become our Member : JOIN SFPMA TODAY LogIn / Register: LOGIN/REGISTER
Find Blog Articles for Florida’s Condo, HOA and the Management Industry.
COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA
LEARN ALL ABOUT THE NEW CONDO LAWS REGARDING BUILDING SAFETY, CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
CONDO & HOA BOARD CERTIFICATION – 2 CEU’S (BC)
8:30 am – 11:00 am
PRESENTED BY: Eric Glazer – Glazer & Sachs, P.A.
Fulfill your legally mandated education requirements while learning valuable and integral information in this comprehensive board member certification course. Topics discussed will include condominium management and operations, proper procedures for board member election, budgeting and fiscal responsibilities, as well as an overview of current condominium laws to assist in the understanding of board members’ legal duties.
There’s a lot of turmoil in the housing industry today, and it’s hitting community associations hard. New restrictions from Fannie and Freddie are dark clouds full of special assessments looming on the horizon, and the housing bubble is growing rapidly with no real signs of stopping, inviting investors and tempting homeowners to sell. Because of all of this, a lot of condominium associations are considering a tactic called “condo deconversion.”
A condo deconversion is basically a bulk sale and process by which all units in a condominium building are sold in one transaction to a real estate investor, who will then turn the property into rental apartments. (Its counterpart is “conversion” which is when an apartment community is converted into a condominium or co-operative and sold off. Even though the terms are connected, there’s no requirement that a condo building was previously converted in order to be deconverted.)
Deconversion might sound like an extreme option, but it’s quickly becoming a sought-after fix for communities struggling with expensive deferred maintenance issues.
There are a lot of reasons why this trend is taking off. Those FNMA and FHLMC restrictions, for example, are about to start causing some serious problems for condo boards. Requiring that the condo buildings meet a specific level of health by withholding approval for any future purchase loans for units in the community is stressful for everyone involved, and can often only be
Building repairs are time-consuming and costly, and only get more expensive as buildings start hitting 30 and 40 years old. Communities with underfunded reserves will likely be subjected to overwhelming special assessments to catch up on the deferred capital improvements and maintenance over the years. The current real estate market means that deconverting could offer an alternative where unit owners get out with a profit rather than pouring money into special assessment costs.
The condominium lobby and real estate lobby will go kicking and screaming, fighting new inspection and reserve laws. Yet eventually condominiums are going to be forced to do the right thing and keep up with maintenance, capital improvements, reserve studies, and funding. It’s the right way to govern a condominium, but very infrequently is the right way the cheap way. These new inspections will be costly and time-consuming, and will likely expose more problems that only money can solve, exposing an underfunded community for the money-pit that it has slowly become. Selling in bulk to an investor pushes that responsibility onto someone else while pocketing a bit of profit.
Condominiums have been popular in the last 20 years but there is a tremendous supply gap in rental properties, and this is a way for real estate investors and developers to acquire properties without having to build them. With the cost of construction, it makes more sense to take an old building, even an old building with long-deferred maintenances and problems, rather than invest in wholly new construction. It saves time and allows for a far quicker return on investment. It’s a sound move to buy them out and rehab the structure.
The housing market is experiencing yet another quickly-growing bubble. Condo deconversions would typically start at 9x rent roll (the cumulative value of projected monthly rents for all of the units in the building), but some communities are seeing negotiations beginning as high as 20x rent roll! As Don Corleone would say “it’s an offer they cannot refuse.” For a condominium facing a $150,000 special assessment, they may feel that it would be foolish to refuse such a lucrative offer. Why pay a special assessment when you can ride the high of the real estate bubble?
Condo deconversion is not a cut-and-dry good or bad decision. It’s a complicated process and has pros and cons on every side.
The good is that it can offer hefty profits and a get-out-of-jail-free card in a way. For some owners, it can mean a massive profit and an incredible opportunity to escape a very expensive, long-term situation. For board members who are stuck with the neglect from previous board decisions, it can mean walking away from a series of problems for which you would have been unfairly blamed.
The downsides, however, can be drastic and dangerous for owners:
For some, it means being forced out of their homes, into an increasingly hostile real estate landscape with no time to accommodate a drastic life change. Some states, like Florida, are experiencing the lowest housing inventory in the state’s history, meaning some may make a fortune over what they paid for their condo unit only to have to pay that fortune forward, and then some, just to find a new roof to put over their heads. Or, they could get stuck renting the home they previously owned at a severely increased monthly payment.
Homeownership provides security for yourself and your future generations. For those stuck renting from their new landlord, you lose the ability to pass on equity to your heirs. Unit owners can also no longer get a loan based on mortgage equity or use their home to guarantee a large purchase or supplement legal aid.
As a member of a community association, you have power. You have a say in every issue that the community faces. You can determine who represents you on the board. You can even run to be part of that board! By deconverting your condo association, those residents that remain forfeit their power to the new landlord. The landlord decides what will and will not be repaired, and when. Once the landlord takes control, they can raise rents as high as they want, regardless of the negotiated rent roll they purchased the property for. There is no requirement to seek approval from residents the way an association board is required to seek approval for the annual budget.
Depending on the state, you do not need a unanimous vote to terminate an HOA or a condominium association, so even if there are objections it can happen to most condominium associations. In Florida, for example, if an investor buys 80% of the condo units, the last 20% can be compelled to sell if the condo has been deconverted. In fact, as of 2007, 80% of owners can allow for a Florida condo deconversion if more than 10% of the total ownership did not object. Other states will have their own provisions for condo association termination, so be sure to check your state’s legislation.
Some owners may argue that the association’s board needs owner approval before it can even begin looking into the possibility of a sale. In reality, the board has a fiduciary duty to bring all the best value and opportunity to the owners they represent, meaning that they can and should be researching opportunities like deconversion if the benefit is great enough.
Can the board sell out the condominium from under the owners? No. They will still be required to get the state’s minimum approval percentage within the community. And if there are condo deconversion negotiations going on, the board has an obligation to keep the membership informed and should provide full transparency.
Deconversion is an enticing opportunity for condo communities facing mounting special assessments or dues increases to confront long-term deferred maintenance. And while it might be the right choice for your condo building, it is not as simple as just pushing a button and making everything disappear. It’s a decision that requires a lot of thought, due diligence, and communication with your community.
While you can’t go back in time and undo the maintenance deferment of boards past, you can do the right thing for your community today and start a conversation about the importance of building integrity and health, and how the benefits will always outweigh the cost. Your condominium building needs a diligent board of directors working for the good of the community. It requires regular maintenance, capital improvements, fully-funded reserves, good cash flow, and a proper delinquency and ethical collections solution. Call Axela to let us help you recover some of those missing funds by collecting on your delinquent assessments, and avoid deconverting your condo association.
Create pictures with many kinds of additions, Words with over 1000 fonts. Place glitter over the picture. Crop the photo, resize and so much more.
Save this to your bookmark bar. Use it daily.
All basic functions are available: Cut, Resize and Crop. These features work on all image formats, even on animated GIFs and transparent PNG’s
With the Text Tool you can add text to your images. Also add text to animated images is simple and fast. With extra options you can add a border around your text and make the text follow an arc path so it looks like text around a cricle. With the shadow option you can add different kind of shadow colours and blurs to the text.
Merge two images together or blend multiple images. With the opacity setting you can blend images the way it suits you most. Editing an image here is so easy and fast that starting Photoshop takes longer.
Add an animated image onto a static background or add falling snow onto a picture. Your imagination is the limit to create nice dynamic images.
Make an image Transparent with the Transparency tool. Make the background of an image transparent by simply clicking on the color that needs to become transparent. Or remove transparency from your image.
Put an Image in Text, including a drop shadow and with transparent background. Who needs Photoshop?!
Add falling rain to an image. How wet is that?
You can even upload your own fonts to the editor and use them to add the text. Just choose your own font from your device and upload it to use it.
Tags: SFPMA Marketing / Social Media
Things work better when everyone understands their role! Like the King his Court all the way down to the Serf’s and Vassals when each knows where they stand things work better.
Royale Management Services, Inc. is a full-service, Condo Association Management (CAM) licensed, residential property management company, specializing in management, consulting and accounting for Condominium Associations and Home Owners Associations in South Florida: Broward, Dade & Palm Beach County.We provide the highest quality, most cost effective management services your community and homeowners will find anywhere.
Royale Management Services, Inc. has been serving South Florida since 1984. The company was founded to provide high quality management and accounting services for business and individuals, Royale Management Services, Inc. expanded to the Community Association and Home Owner’s Association Management business in 2000.
Our team members are highly trained in all aspects of community association management and customer service.
We take pride in delivering property management services that work!
Royale Management Services, Inc.
2319 N Andrews Avenue
Fort Lauderdale, FL 33311
Phone: (954) 563-1269
Toll Free: (800) 382-1040
Fax: (954) 563-2153
Email: cam@rmsaccounting.com
Members of SFPMA – View our Membership Page.
Tags: Finding a Property Manager, Management News
Every Homeowner’s Association has a fiscal year to evaluate the previous year and set goals for the coming year. The plans can address a variety of topics, such as community enhancements and communication. At this time, all rules and regulations get routinely evaluated to ensure that they comply with all levels of government requirements. Local restrictions on traffic, development, zoning, and other issues may have changed over the year.
When formulating goals, an HOA board that represents the homeowners must take numerous factors into account.
Before defining any goals, one of the most important elements to examine is a community’s financial stability. First, board members can review the current year’s budget to see the room for improvement. Then they can consider essential expenditures for the future year and figure out how those changes will fit into the budget.
Homeowners who pay monthly or annual dues to the association want to know where and how their money gets used. Board members should give a balance sheet that discloses all funds and expenditures to all association members. In addition, residents should be informed about reserve cash, assets, loans, income, and current and planned project expenses.
Few, if any, homeowners want their property taxes to get raised. So when formulating goals for the future year, board members must keep this in mind.
Generally, you should set goals each year before setting a budget. The best practice is to construct a five-year planning process, then use that to generate both long and short-term goals. An action plan takes a substantial amount of time and works to create. Still, it is a critical way of establishing goals and anticipated direction and allocating resources appropriately.
The Board should present this information to homeowners.
Board members need to explain in detail to homeowners the maintenance goals and why they are essential. This may be the time for a community meeting to discuss the improvements and the budget. Board members should be prepared to explain why some maintenance costs have gone up and how they plan to work with these additional expenditures. They should also explain the bidding process and how they work with vendors.
Improving interactions with homeowners, vendors, and fellow board members is always beneficial, as it leads to happier residents, better cost control, and more effective teamwork. The following are some worthwhile communication objectives:
Any organization can set goals. However, an HOA must establish achievable goals within a specified time frame at an acceptable cost to homeowners. In addition, all residents of the community should be able to understand the objectives.
by Kaye, Bender, Rembaum KBRLegal.com
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 and in the Florida 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 in 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.
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. The aforementioned terms are defined in §627.706, Florida Statutes, and are to be carried out 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 an 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.
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.
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.
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 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 email, United States Postal Service, or commercial delivery service to the local enforcement agency.
(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.
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 local enforcement agency may prescribe timelines 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 timeframe 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 timeframe, the local enforcement agency must review and determine if the building is unsafe for human occupancy.
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.
Pursuant to §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.
If the officers or directors of an association willfully and knowingly fail to have a milestone inspection performed pursuant to §553.899, Florida Statutes, such failure is a breach of the officers’ and directors’ fiduciary relationship to the unit owners.
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.
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.
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 §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 §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 §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:
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 remaining 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.
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 in the SIRS report. There is ongoing debate among 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.)
Before turnover of control of an association by a developer to unit owners other than a developer pursuant to §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.)
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 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 email, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or email address provided by the division and on a form posted on the division’s website:
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. Some observe are (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.
SFPMA: You can find this article on our Florida Building Inspections
Only 1.4% of Florida’s lawyers appear among the exclusive Florida Legal Elite, and Kaye Bender Rembaum is proud to announce attorney Jeffrey A. Rembaum, BCS has once again been selected.
Now in its 19th year, Florida Legal Elite presents the state’s top licensed and practicing attorneys selected by their peers. Florida Trend invited all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. The list of top vote recipients was examined using Florida Bar membership status and histories. A panel of previous Legal Elite honorees from across the state representing different practice areas reviewed the list of finalists. Congratulations, Jeffrey!
The Real Property, Probate and Trust Law (RPPTL) Section of the Florida Bar announced that attorney Allison L. Hertz, BCS of Kaye Bender Rembaum has been named Co-Chair of its Condominium & Planned Development Committee. Ms. Hertz, a Board Certified Specialist in Condominium and Planned Development Law, joins a long line of the most preeminent and respected attorneys in this field of law to have held this position.
“I am honored and proud to serve as Co-Chair for the Committee and will continue to provide input for the betterment of all Florida community associations”, said Allison Hertz. Jeffrey Rembaum added, “Ms. Hertz is extremely knowledgeable in this body of law, and will no doubt be a valuable asset to the RPPTL committee.”
Ms. Hertz is also the Vice-chair of the Condominium & Planned Development Law Certification Review Committee, and she recently served as Chair of the Condominium & Planned Development Committee’s Hurricane Protection Subcommittee, and was a member of the Committee’s Emergency Powers Task Force.
Danielle M. Brennan, Esq., BCS has been elevated to Firm Member at Kaye Bender Rembaum, P.L in Palm Beach Gardens, FL and Emily E. Gannon, Esq. has been elevated to Firm Member at Kaye Bender Rembaum, P.L in Pompano Beach, FL.
Danielle M. Brennan (pictured top left) is a Board Certified Specialist in Condominium and Planned Development Law. Ms. Brennan joined Kaye Bender Rembaum as an Associate Attorney in the Firm’s community association department in the Palm Beach Gardens’ office in April 2013. Ms. Brennan assists clients on all aspects of community association operations and enjoys leading presentations for managers and board members.
Emily E. Gannon (pictured bottom left) joined Kaye Bender Rembaum in April 2012, and assists the Firm’s association clients on all aspects of community association operations. Emily is also a frequent lecturer on community association law, which includes leading seminars providing CEUs for property managers and certifications for board members.
Congratulations to each new Firm Member of the Kaye Bender Rembaum team!
The Florida Bar has confirmed Firm Member Jeffrey D. Green, to be officially certified in Construction Law.
Board certification is the highest level of recognition by the Florida Bar and demonstrates an attorney’s significant competency and experience in a specialty field of law. Attorneys must meet stringent application criteria before officially becoming certified, including satisfactory peer review assessments as it relates to proficiency, character, ethics and professionalism, completing the certification area’s continuing legal education requirements and passing a rigorous written examination. Only attorneys who have earned the “board-certification” distinction are allowed to describe themselves as legal “specialists” or “experts” in a specific field.
“Board Certification is an achievement I’m very proud of, and I am excited to continue assisting our clients in construction-related matters and all other areas of association law,” said Jeffrey Green. Michael Bender added, “This is a career milestone for Jeffrey that warrants recognition. He’s an extremely knowledgeable and skilled attorney and we appreciate all he has done for the Firm and its clients.”
Congratulations to Jeffrey Green on this impressive achievement.
|
 |
|
Tags: Condo and HOA Law, Florida Rising Magazine
Florida’s new Condo Safety law has naturally generated an enormous amount of questions including:
-How do you calculate the number of stories in a building?
-How are large communities with a mixture of building heights and varying proximity to the coastline impacted by this new law.
-What are the engineering qualifications needed to perform Phase II of the Milestone Inspection?
-Can the structural integrity reserve components be placed in a pooled reserve account?
-Can buildings with fewer than three stories continue to waive or only partially fund reserve components that may impact the structural integrity of the building such as the roof and exterior painting/waterproofing
For those of you who haven’t watched our SB 4D webinar, it’s a great discussion of the bill’s provisions, its intent and the questions that are arising as communities begin to implement these new requirements.
SFPMA works throughout the State of Florida, we are a multi-member organization for the Condo, HOA and Property Management industry. Through knowledge based Articles, Events and our Members Directory, Clients find the right information to make an informed decisions for their Florida properties.
