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

Learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass

Learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass

  • Posted: Apr 14, 2022
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The 2022 Legislative Session in Florida concluded on March 11, 2022. Join Becker’s Kenneth S. Direktor, Yeline Goin, and Steven H. Mezer on Wednesday, April 20 at 1:00 PM EST to learn about what happened during the 2022 Legislative Session and to discuss some of the bills that did not pass (which will likely be re-filed next year) and those that did pass.

including:
• CS/SB 1380 regarding the Marketable Record Title Act (MRTA). CS/SB 1380 also includes a section regarding the motor vehicle parking on private property
• CS/SB 438 regarding flags in community associations
• CS/SB 518 regarding tree removal and tree trimming
• CS/SB 898 regarding tenant safety
• CS/HB 1571 regarding protesting
• CS/CS/CS/HB 967 regarding exemption from ordinances for golf course irrigation and fertilization
This program is not eligible for CEU credit or certificate of completion. ________________________________________
This is going to be presented on Zoom! Full live viewing instructions will be sent to all registrants.

REGISTER NOW:

 

Are you looking for a way to keep your roof clean and looking new? by Anne Dondero

Are you looking for a way to keep your roof clean and looking new? by Anne Dondero

  • Posted: Apr 13, 2022
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Are you looking for a way to keep your roof clean and looking new?

We have a green Eco friendly solution that eliminates chlorine/bleach, harsh chemicals, pressure cleaning or soft wash ever again.

With a light spray every couple of years algae will not grow guaranteed.

Call today 800-673-1136 for more information!

https://spotlessroofsolutions.com/

Members of SFPMA

 

Anne Dondero / President of Spotless Roof Solutions

 

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We’re proud to have achieved much success with our image management system—Catalogger by SRI

We’re proud to have achieved much success with our image management system—Catalogger by SRI

  • Posted: Apr 13, 2022
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We’re proud to have achieved much success with our image management system—Catalogger

We’re excited for all that we’ve planned for 2022. Of course, we’ll continue to share best practices and insightful articles on our social media platforms. Follow us to stay on top of our expert recommendations re: structural inspections, image management, building maintenance, concrete restoration, and more.

Cheers to a successful new year,

The SRI Team

561-372-1290

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Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels 

Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels 

  • Posted: Apr 11, 2022
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Does Low Tide make your Dock Unusable? International Subsea Services can improve the depth of canals, slips and channels. Using a process of Micro dredging and Hydraulic dredging.

Schedule a free consultation today! https://bit.ly/3BqwCui

 

Full service dredging contractor, offering maintenance dredging services for lakes, ponds, canals, rivers, inlets, and other waterways.

Schedule a free consultation today! https://bit.ly/3BqwCui

View this month’s Becker Lawyers Community Updates…..March 2022

View this month’s Becker Lawyers Community Updates…..March 2022

  • Posted: Apr 08, 2022
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Join Us In Support Of Taylor Yarkosky For State Representative!

Join Us In Support Of Taylor Yarkosky For State Representative!

  • Posted: Apr 08, 2022
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Join Us In Support Of Taylor Yarkosky

For State Representative!

Date: April 13, 2022
Time: 6:00pm – 8:00pm
Location: Corona Cigar Company
1130 Townpark Avenue
Lake Mary, FL 32746
RSVP: Makenzi Mahler
850-445-0684
Annual Fish Stocking Day! – Over 500,000 fingerling fish to stock in lakes in Miami, Broward and Palm Beach Counties!

Annual Fish Stocking Day! – Over 500,000 fingerling fish to stock in lakes in Miami, Broward and Palm Beach Counties!

  • Posted: Apr 07, 2022
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Annual Fish Stocking Day! Our staff arrives at 5:00am to load up over 500,000 fingerling fish to stock in lakes in Miami, Broward and Palm Beach Counties!

We will be going Facebook Live around 5:30 am, we hope you join us to watch this fun event!

Welcome to Allstate Resource Management, Inc.

The South Florida Leader in Resource Management

Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake managementwetland managementstormwater drain cleaning and maintenance, erosion controlfish stockingnative plantingsdebris removalwater qualityaquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.

In addition to providing a healthy habitat, we specialize in the installation and maintenance of beautiful color lit fountains, bringing beauty and enjoyment to any lake or pond.

We also offer support services for property managers and HOA’s including educational presentations and CEU programs. Our approved courses offer continuing education credit to CAMs.

 

Another parking lot sealed and striped by our Atlantic Southern Paving and Sealcoating Crew in Fort Myers, Florida!

Another parking lot sealed and striped by our Atlantic Southern Paving and Sealcoating Crew in Fort Myers, Florida!

  • Posted: Mar 30, 2022
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Atlantic Southern Paving and Sealcoating

Another parking lot sealed and striped by our Atlantic Southern Paving and Sealcoating Crew in Fort Myers, Florida!

Choose to #PaveWithASP today for any and all of your parking lot and pavement needs by calling 1-833-PAVE-ASP or head to www.PaveWithASP.com

We self-perform the entire state of Florida as well as manage parking lots across the country!

 

Southeast Florida954-518-4315

6301 W Sunrise Blvd, Fort Lauderdale, FL 33313

Southwest Florida239-234-2155

9039 High Cotton Ln, Fort Myers, FL 33905, Fort Myers, FL 33905

Central Florida407-502-0040

37 N Orange, Ave 420, Orlando, FL

Space Coast321-408-5010

460 Cox Road, Cocoa, FL 32926

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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

  • Posted: Mar 24, 2022
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Attorney-Client Privilege: Are Litigation-Related Communications Between An Association, Attorney, and Management Protected?

BY   / of Becker

The attorney-client privilege is one of the oldest and most respected privileges in the law. The purpose underlying this fundamental privilege is to ensure that clients receive accurate and competent legal advice by encouraging full disclosure to their lawyer without fear that the information will be revealed to others. The privilege covers written and oral communications and protects both individual and institutional clients including community associations.

However, the attorney-client privilege does not apply to every communication with an attorney and in certain circumstances can even be waived. For the privilege to exist, three requirements must be met: there must be a communication; the communication must have been intended to remain confidential; and the communication must have been made in the context of obtaining legal advice.

Pursuant to Florida’s Evidence Code, a communication between lawyer and client is “confidential” if it is not intended to be disclosed to third persons other than:

  1. Those to whom disclosure is in furtherance of the rendition of legal services to the client.
  2. Those reasonably necessary for the transmission of the communication.

Florida courts have stated that the second exception (i.e. those reasonably necessary for the transmission of the communication) applies to agents of the client. This is so because in Florida, all corporate powers are exercised by, or under the authority of, the association’s board of directors. Further, as an inanimate entity an association cannot speak directly to its lawyers and must instead act through agents.

A management company and its personnel are generally responsible for the day-to-day operations of the community, implementing directives of the board, and serving as a liaison between an association and its counsel. Although a reasonable interpretation of the Florida Evidence Code and case law implies that a property management company is likely an agent of the association, such a determination is not guaranteed.

However, there are steps that can be taken by the association and its counsel to support an assertion of privilege such as including language in their management contracts that expressly extends the attorney-client privilege from the association to include the manager. The association’s counsel can also prepare a general Board Resolution authorizing the management company and its employees to act as agents of the association where necessary to further communications with legal counsel.

Evidentiary privileges (such as the attorney-client privilege) are sacred protections in a court of law. It is imperative that proper measures are taken to ensure that said privileges are not compromised. If your association finds itself involved in a potential or pending litigation, the board needs to work closely with the association’s attorney to protect the privileges the law provides to keep confidential communications out of the hands of the wrong people.


John Stratton

John handles business litigation and appellate matters representing individuals and corporations across an array of industries. He has significant and successful litigation experience in complex commercial, corporate, land use, and condominium litigation, contract disputes, commercial loan workouts, and civil appellate proceedings in both state and federal appellate courts.

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LAST SURFSIDE-INSPIRED BILL FAILS – A Perfect Opportunity Lost

LAST SURFSIDE-INSPIRED BILL FAILS – A Perfect Opportunity Lost

  • Posted: Mar 24, 2022
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As a result of the 2022 Florida legislative session, there will be no new statutes requiring mandated building/engineering inspections, no statutory changes to budgeting procedures, no mandated reserve study requirements, and no statutory changes to required disclosures.

While only a very few Florida counties have mandated in their code of ordinances that older condominium buildings have life-safety inspections, that does not mean required maintenance and proper planning can be otherwise avoided elsewhere. Board members must exercise their fiduciary duties with due care and due diligence. Voluntary engineering inspections and professional reserve studies should be considered to take place on a regular schedule. Maintenance, repairs, and replacements should be budgeted and funding sources properly identified.

As often explained by Board Certified attorney Lisa Magill, “is the law the only reason you stop at a red light? Probably not. You stop because there’s a likelihood a truck will smash into you from the side.” In other words, common sense should prevail. All condominium unit owners know that one day the roof, air conditioners, and water and cooling towers will need to replaced, the building will need to painted to ensure a water tight seal remains intact, the pool will need re-surfacing, and the parking areas and asphalt will need attention, too. Perhaps one of most expensive repairs, which is rarely discussed, let alone planned for and budgeted in advance, that even the Florida Statutes do not specifically mention it by name, is concrete restoration, which can cost tens of thousands of dollars, and often such repairs cost millions of dollars depending on the extent of the repairs. But, such repairs are a given. It is not a matter of “if” but rather only a matter of “when” these repairs will be required.

The only way to avoid a revolt of the membership when explaining the upcoming multi-million dollar assessment is to lessen the blow by having some, if not all, of the needed monies already saved in a reserve account. Section 718. 112(1)(f)(2)(a) provides that, “[i]n 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 amount to be reserved must be computed using a formula based upon estimated remaining useful life and estimated replacement cost or deferred maintenance expense of each reserve item. 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.”

While a majority of the quorum of the membership can vote to waive or reduce reserves, this can only occur if the board of directors provides the membership such opportunity. For example, when voting to reduce reserves the percentage by which the required reserve can be reduced is decided in advance by the board and then presented to the membership for the vote. In light of the Champlain Towers South disaster, boards of directors should put considerable thought into these decisions.

On March 12, Ann Greggis of Florida Politics reported that “the Legislature’s inability to pass any legislation updating condo regulations in the wake of last summer’s disaster that killed 98 people stunned observers…For this Session, nine bills sought to change rules regarding condominium associations…An estimated two million people live in 912,000 Florida condo units that are 30-years or older. Another 131,773 units are 20 to 30 years old, according to the Florida Engineering Society & American Council of Engineering Companies of Florida….The executive director of the engineering society and council called the failure to pass any legislation this year a ‘missed opportunity,’ according to a news release.”

On March 11, Jon Schuppe and Phil Prazan, NBC 6 South Florida reported that, “[i]n the nine months since 98 people died in the collapse of a Surfside, Florida, condominium, state lawmakers have pledged to pass measures that could help avoid a similar disaster.

On Friday, they failed.

Negotiations between the Florida Senate and House of Representatives, both controlled by Republicans, broke down, with the two sides unable to agree on a bill that would require inspections of aging condo buildings and mandate that condo boards conduct studies to determine how much they need to set aside for repairs. The talks were undone by a disagreement over how much flexibility to give condo owners in the funding of those reserves.”

Never has the term “sausage factory” been more appropriate to describe the 2022 team of Florida legislators who failed to pass meaningful legislation that could have helped thwart another Champlain Towers South disaster. But, just because the legislature failed in doing so (for this year), that does not mean, as a board member, that you can fail, too. Make a commitment to your condominium community to plan for the future. Adopt a board resolution, or even amend the condominium declaration, to have required building inspections and reserve studies. In addition, if your association is waiving reserves year after year, stop it and start saving for the future. You will be glad you did.

 

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