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

Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

  • Posted: Jun 11, 2022
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Tune into Condo Craze and HOAs – Sunday at 11 am ON 850 WFTL OR ON YOU TUBE

WELCOME TO OUR SHOW NOW ALSO BEING BROADCAST LIVE ON YouTube ON THE CONDO CRAZE AND HOAs CHANNEL! JUST CLICK THE YouTube PICTURE AND MAKE SURE TO SUBSCRIBE.

EVERYTHING YOU NEED TO LEARN ABOUT THE NEW LAWS REQUIRING RESERVES.

YOU NEED TO BE PREPARED FOR THIS MASSIVE CHANGE IN FLORIDA LAW.WE WILL TAKE YOUR CALLS AND ANSWER YOUR CONDO AND HOA QUESTIONS THROUGHOUT THE HOUR. CALL US AT 877-850-8585 DURING THE SHOW.

TAKING YOUR CALLS ON WHATEVER TOPIC YOU NEED ANSWERS TO OR WHATEVER YOU NEED TO GET OFF YOUR CHEST.

Watch the show this Sunday

 

Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: Jun 11, 2022
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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency.

One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members to communicate by email but prohibits them from voting on issues by email.

Notably, a gathering of a quorum of board members to conduct association business is considered a board meeting (whether taking place in person or by real-time electronic means) and is required to be noticed and open to association members. However, two important exceptions apply. Namely, meetings of the board or an association committee at which the association’s attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members.

Association members are entitled to speak at open meetings on “designated items” (HOA) or an item on the agenda in a condominium. However, the rights of members to speak at meetings is subject to any rules adopted by the association governing the frequency, duration, and manner of member statements. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Code Rule 61B-23.002(10)), and the Homeowners’ Association Act provides that homeowners’ associations may adopt their own pertaining to recording homeowners’ association meetings.

As such, there are statutory meeting requirements that must be followed for board meetings which must be kept in mind when an association is adopting or changing its procedures. Failing to follow the basic statutory requirements may result in problems. Questions about board meetings, committee meetings, which have their own set of requirements, and members’ meetings should be directed to legal counsel for guidance.

RSVP for Free Hot Breakfast and Seminar

RSVP for Free Hot Breakfast and Seminar

  • Posted: Jun 11, 2022
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The West Palm Breakfast Group
Wed., June 15, 2022 | 7:30am | PBI Airport Hilton
Peter C. Mollengarden, Esq., from KBR, with also be there.
Not close to Palm Beach Airport, or know of someone who will benefit from this seminar?
Please feel free to share this email!
“Protecting Your Community with Security Technology”
Course #: 9631505 | Provider #: 0008280 | 1 CE credit in OPP for CAMS
Courses presented by: Tatiana Yaques of CCTV
and
“40-Year Recertification Inspections & Process”
Course #: 9629296 | Provider #: 0006881 | 1 CE credit as Elective for CAMS
Courses presented by: David Riddle, PE, MBA | The Falcon Group
There will be a delicious, free hot breakfast and door prizes!
Airport (PBI) HILTON: 150 Australian Ave | West Palm Beach, FL 33406
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Condo Inspection & Insurance Legislation Webinar Discussion about SB 4D and SB 2D

Condo Inspection & Insurance Legislation Webinar Discussion about SB 4D and SB 2D

  • Posted: Jun 08, 2022
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Condo Inspection & Insurance Legislation Webinar

Discussion about SB 4D and SB 2D

Tuesday, June 21, 2022 | 12 Noon Eastern | Live via Zoom
Join Campbell Property Management, Attorney Michael Bender from Kaye Bender Rembaum and Paul Mack from Mack, Mack & Waltz Insurance for this webinar discussing the impact of SB 4D and SB 2D on community associations.
Attendees will learn about law changes that may impact their community associations in Florida.
If you know anyone who will benefit from webinar, please share this email.
Questions? Contact the host, Campbell Property Management, HERE
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association
Visit KBRLegal.com for awesome free resources, including news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, which lists upcoming free classes.
Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

Join Kaye Bender Rembaum in attendance at this networking breakfast & education event

  • Posted: Jun 08, 2022
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Wed., June 8, 2022 | 7:30am | DoubleTree PBG
Peter C. Mollengarden, Esq., from KBR, will be in attendance.
If you know someone who will benefit from this seminar, feel free to share this email.
Asbestos: The Truth & Nothing But the Truth
Course # 9628540 | 1 CE in OPP or ELE | Provider # 0005930
and
What Every CAM Should Know About Mold
Course # 9630575 | 1 CE in OPP or ELE | Provider # 0005930
Instructor: Robert Lozano, Environmental Pro with The Water Restoration Group
There will be a delicious, free hot breakfast and door prizes!
At the DoubleTree in Palm Beach Gardens
DoubleTree by Hilton: 4431 PGA Blvd. Palm Beach Gardens, FL 33410
If you have any questions or comments about this event, including about registration, please contact Terri Kaye at TSK. Here is how: TSK4Marketing@gmail.com
Kaye Bender Rembaum | Visit Us Online
Pompano: 1200 Park Central Boulevard South; Tel: 954.928.0680
Palm Beach Gardens: 9121 North Military Trail, Ste. 200; Tel: 561.241.4462
Tampa: 1211 N. Westshore Boulevard, Ste. 409; Tel: 813.375.0731
Offices in Miami by appointment: 800.974.0680
KBRLegal | 1200 Park Central Blvd. SouthPompano Beach, FL 33064
Does your community give residents the ability to make online payments? 

Does your community give residents the ability to make online payments? 

  • Posted: Jun 08, 2022
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Does your community give residents the ability to make online payments? 

Concierge Plus give residents more convenience and control by allowing them to view their account and pay charges from their bank account or credit/debit card – all integrated with your existing accounting platform!

  • Spend less time collecting and depositing checks by automating the payment process for your residents.
  • Residents can make recurring or one-time payments from their bank account by ACH or by using a debit/credit card.
  • Residents can access a history of charges and payments on their unit anytime, from any device.
  • Payments are deposited and settle directly into your bank account.
  • Built-in reminder email campaigns help drive online payment adoption and automatically remind residents that they have an overdue balance.
  • Flexible fee structure allows you to pay transaction fees or pass them on to residents.

“I love the platform. I think it’s extremely user friendly and it has so many functionalities. It’s my favorite platform and my favorite tool.” 

Joy Gilbert, Community Property Manager

The Building Group

Book a meeting with me now and let me show you our fully integrated, easy payment solution that gets results.
Best Regards,

Charlote Alvarez

Business Development Representative — Concierge Plus
T: 305-850-7676 x114
charlote.alvarez@conciergeplus.com
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Today: GET BOARD CERTIFIED FROM YOUR HOME!   June 8th – 6:00 p.m.

Today: GET BOARD CERTIFIED FROM YOUR HOME! June 8th – 6:00 p.m.

  • Posted: Jun 07, 2022
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GET BOARD CERTIFIED FROM YOUR HOME!
June 8th – 6:00 p.m.
IN ADDITION TO ALL THE OTHER TOPICS WE TEACH, NOW YOU CAN LEARN ALL THE NEW LAWS THAT JUST PASSED REGARDING THE DIFFERENT TYPE OF MANDATORY INSPECTIONS, MANDATORY RESERVES, WHO CAN DO YOUR RESERVE STUDY, FIRE SPRINKLER SYSTEMS, ENGINEERED LIFE SAFETY SYSTEMS AND MUCH MORE.
CONDO AND HOA EDUCATION IS ON-LINE! GET BOARD CERTIFIED FROM THE COMFORT OF YOUR OWN HOME.
REMEMBER, IF YOU DON’T GET CERTIFIED WITHIN 90 DAYS OF GETTING ON THE BOARD – YOU ARE OFF THE BOARD.
GET CERTIFIED BY TAKING OUR ON-LINE CLASS. WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT THE NEW LAWS AND ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS AND MUCH MUCH MORE.
TODAY, JUNE 8th, 6:00 P.M.
TO REGISTER: CLICK HERE:
OR CALL OUR OFFICE AT: 954-983-1112
Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.

  • Posted: May 30, 2022
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Robert L. Kaye, Esq., BCS | Legal Morsels

A large percentage of Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants.  In addition to these restrictions, Florida Statutes contain additional restrictions that apply to these properties, some of which involve use restrictions.  For condominiums, the provisions of the statutes are of a heightened significance because but for the statutes, condominium ownership of property does not exist.  However, for homeowners’ associations, restrictive covenants have been in use for centuries, well in advance of the existence of such statutes.  As a result, certain statutory provisions may not apply to every homeowners’ association in Florida.

There is a restriction within both the U.S. and Florida Constitutions that limit the ability of the state to enact a law that will impair an existing contract or vested contractual right.  Use restrictions contained in declarations of covenants have been identified by Florida courts as existing contracts between the property owner and the entity that operates the community under the governing documents (the association). There is also case law in Florida that addresses whether a change in the statute applies to the community based upon if a particular phrase is included in the governing documents (commonly referred to as Kaufman language).

If the governing documents include  Kaufman language, any changes made by the legislature in a given year will automatically be incorporated into the governing documents and apply to that community.  Conversely, if there is no Kaufman language, only what is referred to as “procedural” changes made by the legislature will apply to that community.  An example of a procedural change would be a change in a notice requirement for elections.  Statutory changes that are “substantive” would not apply in that instance to that community.  An example of a substantive change would be requiring the association to take on all exterior maintenance of the residential dwellings (presuming the documents do not already provide for that obligation).  Without the Kaufman language in the governing documents, this latter statutory change would not apply to that community, as such change would likely be considered unconstitutional.

During the legislative session in 2021, Section 720.306 of the Florida Statutes was amended to add subsection (h), which provides, in pertinent part, that any amendment to a governing document after July 1, 2021 that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the amendment or to a parcel owner who consents to the amendment (with specific exceptions relative to short term rentals and limiting rentals to up to 3 times a year).  However, under the analysis discussed above, rental restrictions and the ability to amend governing documents are generally considered substantive vested rights.  As such, this new statute appears to  impair the existing contractual rights of many property owners in homeowner association communities.

The first step in considering whether this new rental restriction change applies to a particular homeowner association community is to check the governing documents for Kaufman language (this also assumes that the documents were not initially created on or after July 1, 2021).  Typically, Kaufman language is not included in original documents by developers of communities, but  many associations have added it by amendment after the developer was no longer involved.  If the Kaufman language is in the documents, the new statutory rental restriction provisions apply.  If, however, there is no Kaufman language, the new rental restriction statute would not be applicable to the community.  In this instance, the membership could still amend the governing documents to prohibit or regulate rentals within the community, which should be enforceable against all current owners, regardless of whether or not they voted in favor of the amendment.

The issue of whether or not this new statutory change regarding rental restrictions violates the Federal and State Constitutions has not been tested in the Florida or Federal courts as of this writing.  Before considering amending the governing document in a homeowner association community to create rental restrictions, it is recommended to consult with the association attorney as to the limitations that may apply.

The age of a CommunityAssociation opting not to fund reserves is coming to an end

The age of a CommunityAssociation opting not to fund reserves is coming to an end

  • Posted: May 30, 2022
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The age of a CommunityAssociation opting not to fund reserves is coming to an end, and some homeowners could be facing a steep rise in assessments. Becker Shareholder Howard Perl surveys the landscape and offers a few suggestions of how to prepare.

After the Surfside tragedy, everyone wanted to know how such a tragedy could happen and what steps could be taken to avoid similar incidents in the future. What caused the collapse? Could it have been avoided? Why were repairs not made? Why did local governments allow repairs to drag on? Why were repairs not made in a timely fashion? Unfortunately, none of these questions can be answered quickly, and proper answers will require years of study and analysis.

The above questions, and attempts to enact legislative reform to address some of these questions, were a hot topic for the Florida legislature this year. Several counties and the Florida Bar convened task forces in the aftermath of the Surfside tragedy. Primary among the suggested legislative changes for multifamily buildings were periodic engineering inspections, reserve studies, and reserve funding mandates. While all agreed generally in regard to these reforms, at the end of the day, the Senate and House could not agree on the reserve funding issue and, as a result, nothing passed. Currently Florida law can allow for owners to opt to fund less than required reserves, or no reserves. Most legislative proposals included mandatory reserve funding of one type or another. The sticking point was how quickly to implement such mandatory reserves, without the option of owners being able to waive such requirements. Whether to implement immediately, effective in 2022, or over the next three or five years, to allow a gradual implementation, is ultimately what led to nothing being passed. Rather than compromise, which seems to be a forgotten word in Tallahassee these days, legislators could not, or refused, to come to an agreement for the benefit of all condominium and cooperative residents in Florida.

These issues are certain to be re-examined next year. As such, your association should begin recognizing what is most likely coming down the pike and preparing the association and its residents now. Most likely the days are gone when owners will have an opportunity to fully waive reserves. I anticipate mandatory reserve funding of some type will be implemented. Whatever version is implemented, the result will be an increase in annual maintenance assessments. Depending on what is implemented and your association’s current reserve funding situation, some owners may be looking at a significant increase in your 2024 assessments (as the laws I am discussing would be passed in 2023, and most likely effective for the 2024 association budget).

The association should be anticipating and working on these items now. For example, some sort of reserve study requirement is most likely coming. Budget for one now. Get proposals now. Have the study done now. Once mandated by statute, demand will go up, availability will go down, and of course prices will go up. We are seeing exactly that scenario now in regard to structural engineers and 40/50-year recertifications.

In regard to reserve funding, take a good look at your reserve schedules. Get updated estimates of repair costs. Factor in inflation when projecting 10 and 20 year replacement items such as painting, roofing, etc. Any effort to increase your 2023 reserve balances will help lessen any blow of 2024 mandated reserves. Explain these issues to your residents now. Many associations are understandably involved with 40/50-year recertification requirements and other life-safety related issues. Obviously these issues need to be addressed immediately and on an expedited basis. But associations and their members should keep their eye on long-term remedial requirements as well. More oversight; more required inspections; more required repairs; and more required reserves. All of these are good things for 40–50-year-old buildings in a saltwater environment in Florida.

The outcome of the 2022 legislative session once again underscores the inherent problem when all community association ideas are placed in only one omnibus bill. Until our legislators acknowledge this problem and start using stand-alone bills for important proposals, there is always the risk that needed reforms will not pass.

Contact your legislators, tell them you welcome these types of reforms, but they need to be addressed as needed, not all under one take it or leave it omnibus bill. Work with your association leaders on the above discussed items. Don’t be surprised by increased annual assessments, special assessments, and other upcoming expenses. They are coming. Prepare now.

 

Howard Perl is a Shareholder in Becker’s Community Association practice and has been involved in all aspects of community association law, including transactional, collections, mediation, arbitration, construction defects and litigation. He is also Florida Bar Board Certified in Condominium & Planned Development Law.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

  • Posted: May 27, 2022
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Florida passed the statewide Condominium Safety Bill in Wake of the Surfside Building Collapse back in June of 2021. This is a major, positive change moving forward in the safety of the condominiums.

What does this bill entail?

  • Recertification is now required after 30 years, or 25 years if the building is within 3 miles (5 kilometers) of the coast, and every 10 years thereafter.
  • Condominium associations would be required to maintain sufficient reserves to cover major repairs, and to conduct a study of the reserves every 10 years. Inspection reports would be provided to owners by the condominium association, and if structural repairs are required, owners would be notified and work must start within a year of the report given.
  • If 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.

 

The structural integrity reserve study at a minimum, must include:

  • Roof.
  • Load-bearing walls or other primary structural members.
  • Floor.
  • Foundation.
  • Fireproofing and fire protection systems.
  • Plumbing.
  • Electrical systems.
  • Waterproofing and exterior painting.
  • Windows.
  • Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study.

Looking ahead:

The State of Florida Property Management Association (sfpma.com) and the many members are offering their services.  On our members directory Condo & HOA’s all over the state can find the top rated companies to handle their buildings inspections, engineering, fire safety inspections, roofers, painting and waterproofing, plumbers and electricians for all of your Building Maintenance repairs.

On top of these are the Law Firms, that help with making sure your buildings are legaly ready for the changes.

We understand with all of these changes each condo and hoa will need help with funding the reserves into the future, so we did not forget this: Our industry members include the top financial companies, ie: Banks and Loan companies ready to help wth your investments. Act now start saving and growing your reserves, at times you will also need to get  your accounting and bookkeeping with the added help from our collections members to make sure you cn get the funding to perform the many needed repairs.

SFPMA MEMBERS DIRECTORY IN FLORIDA FIND MEMBER COMPANIES FROM TALLAHASSEE TO THE KEYS.

Largest Florida Directory of Companies working with Property Management, Condo and HOA properties.

If you are not listed become a member today!

NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.

NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.

  • Posted: May 27, 2022
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LADIES AND GENTLEMEN: I PRESENT TO YOU THE NEW CONDO AND CO-OP LAWS NOW AWAITING SIGNATURE BY THE GOVERNOR.
IF THEY SOUND SCARY AND IMMENSELY EXPENSIVE, YOU ARE INTERPRETING THEM CORRECTLY. THE FLORIDA LEGISLATURE HAS CHANGED CONDOMINIUM LAW FOREVER. THE COST TO STAY IN YOUR CONDO WILL NEVER BE THE SAME. BUT DON’T BLAME THE FLORIDA LEGISLATURE FROM MAKING LAWS THAT SHOULD HAVE BEEN MADE DECADES AGO BY PREVIOUS FLORIDA LEGISLATURES. THE TRUTH IS…..THIS IS WHAT HAD TO BE DONE. ANYTHING ELSE WOULD HAVE ALLOWED CONDOMINIUM OWNERS TO CONTINUE LIVING A LIE THAT THEIR ASSESSMENTS ARE CHEAP AND AFFORDABLE AND WOULD HAVE ALLOWED THE CAN TO BE KICKED DOWN THE ROAD AGAIN AND PUT LIVES AT RISK..
IRONICALLY, MY REQUEST FOR MANDATORY EDUCATION FOR BOARD MEMBERS WAS NOT INCLUDED IN THE BILL, YET THE BILL GOES OUT OF ITS WAY TO CHARGE DIRECTORS WITH BREACH OF FIDUCIARY DUTY FOR NOT FOLLOWING THESE NEW LAWS THAT MANY WILL NOT BE ABLE TO EVEN UNDERSTAND WITHOUT LEGAL ASSISSTANCE OR EDUCATION.
I DID MY BEST TO PUT THEM IN A FORMAT THAT IS AS SIMPLE TO FOLLOW AS YOU CAN GET, BUT BELIEVE ME YOU WILL NEED TO READ THEM OVER AND OVER TO UNDERSTAND WHAT THE LAW ACTUALLY REQUIRES.

TO GET YOUR COPY CLICK HERE.