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. 

Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: May 04, 2022
  • By:
  • Comments: Comments Off on Statutory Meeting Requirements by Becker

Statutory Meeting Requirements

 POSTED ON 

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.

 

 

 

 

As leaders in Community Association Law, we not only helped write the law – we also teach it.

Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!

To view our entire class roster, visit:
beckerlawyers.com/classes

Tags: ,
Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

  • Posted: May 04, 2022
  • By:
  • Comments: Comments Off on Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Lawmakers have a way to save Florida homeowners $150 a year but State Farm doesn’t like it

Written By: Jason Garcia
In January, Gov. Ron DeSantis and the Florida Legislature had a chance to save money for Florida homeowners who are struggling to afford the soaring cost of property insurance.
Members of a key committee in the Florida Senate were presented with a plan that could have cut the price of homeowner’s insurance by an estimated $150 a year. And it would have done so without simultaneously imposing hidden costs on homeowners — like insurance policies that won’t cover the cost of replacing a roof or legal changes that make it much harder to fight back against a big insurer in court.
The plan involved expanding a public insurance fund known as the “Florida Hurricane Catastrophe Fund.” And it had support from a broad spectrum of industry interest groups and a bipartisan coalition of elected officials.
But the Big Business lobby hated it.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878

 

Tags:
Is your community association prepared to raise dues 10-15% or more in 2023?

Is your community association prepared to raise dues 10-15% or more in 2023?

  • Posted: May 04, 2022
  • By:
  • Comments: Comments Off on Is your community association prepared to raise dues 10-15% or more in 2023?

Is your community association prepared to raise dues 10-15% or more in 2023?

Inflation is currently at its highest level in 40 years. And it does not appear to be going down anytime soon. Last year, the inflation rate hit 7% and by February of this year it increased to 7.9%. Consumers have seen prices of everything from gas to groceries increase.

As you can see from the chart below, we have been very fortunate with inflation rates hovering around 2% for the last 10 years, as represented by the green line.  While in the last 30 years, we have rarely exceeded 4%, as represented by the red line.  Now, we are faced with 8%, which again, we have not seen in over 40 years.

Inflation has already affected many community associations with many raising their dues between 3-5% for the 2022 budget year. But that increase was not enough especially with the continued impact of insurance, labor, and material increases. Most community associations need to be prepared to raise dues 10-15% in 2023 to combat inflation.

Homeowners are usually not happy when dues go up. However, as expenses for communities increase, so does the need for an increase in the dues. Now is the time to prepare your residents for an increase in dues in 2023 so they are not blindsided.

Here are some of the items in most community associations that are increasing in cost:

  • Landscaping costs – Prices for materials, gas and fertilizer have all increased causing landscape companies to raise prices. Supply shortages fueled by the Ukraine-Russia conflict (Russia is one of the main suppliers of fertilizer around the world) have caused fertilizer prices to go up 30%.
  • Property Management – Labor shortages for maintenance, janitorial and even admin and property manager positions mean the cost of labor has gone up as property management companies try to attract talent with higher salaries and better benefits.
  • Labor costs – The great resignation has played a major role in the rising cost of labor. Legions of workers, especially those in low-wage positions leaving their jobs means employers need to pay more to get workers to show up.
  • Maintenance and repair costs – As a direct result of the global supply chain shortages, prices have soared. Associations need to factor in higher costs for the regular maintenance of their communities. Outside vendors such as pool companies have raised their prices and many parts are simply much more expensive than they used to be.
  • Premiums for insurance – Insurance increases are on the rise; where there is an incumbent on the deal, we are seeing 15-30% increases on insurance. And, where there is a replacement carrier required, we have seen rate increases in the 50-100%+ range. Click here to view a recent webinar we held on the current insurance market.
  • Project costs – There is no doubt that any large projects your community needs to get done are going to cost more. Material prices overall are up 20.3% since 2021. Add in the labor shortages and supply chain constraints and not only are projects going to cost your association more, they are also going to take longer to complete.

For most community associations, the budget for 2023 will reflect higher anticipated expenses, which means dues will need to increase. Now is the time to prepare your residents for this increase. This year is unlike any other year. You CAN NOT rely on “standard” budget raises and expect to be able to pay your bills in 2023. You should NOT wait until the end of the year, hoping this will change. You need to start planning NOW and letting your owners know NOW.

Throughout the remainder of 2022, we will have a blog post each month discussing this inflation storm and offer tips for your association to ride it out.

by Ashley Dietz Gray, VP Marketing

 

Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

We recently held an educational “Updating Governing Documents” webinar with Emily Gannon from Kaye Bender Rembaum to discuss why updating governing documents is critically important. The Webinar covered: The Hierarchy of Governing Documents The Amendment Process Common Misconceptions and more…

https://www.youtube.com/watch?v=UdKVohy_DhY&feature=emb_imp_woyt

ASAP Fire Sprinkler Protection LLC

ASAP Fire Sprinkler Protection LLC

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on ASAP Fire Sprinkler Protection LLC

ASAP Fire Sprinkler Protection LLC

Asap Fire Sprinkler Protection, is License, Bonded & Insured Florida base Fire sprinkler company who specializes in fire protection and life safety. Our goal and commitment is to deliver unparalleled service to all our customers. With 27 years of combined experience, we are capable of installing, servicing, repairing and inspecting any type of residential, commercial, industrial or special hazard fire sprinkler systems.

Our company was built on our hard work, hands-on experience, and customer satisfaction. Asap Fire contractors are known and respected in the industry for our daunting precision and field proficiency.

Asap Fire contractors can successfully handle all aspects of fire sprinkler integrated and suppression systems. Because life safety is our #1 goal, we use innovative thinking and meticulousness craftsmanship on every project.

Whether it’s new construction, existing fire pump system  replacement, annual fire pump system testing, maintenance or repair. Solutions & Other Service

Construction Site Management

Project Bid & Negotiation

Fire Protection Engineering & Design

Litigation and Support

Performance and Base Design

Drawings Review

Third-Party Plan Installation Review

Fire Protection Master Planning

Audits & Surveys of As-built Drawings

Conversion of Existing Systems

Evaluation of Existing Fire Systems

 

Tags:
FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

  • Posted: May 03, 2022
  • By:
  • Comments: Comments Off on FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

A serious DEADLINE (January 1, 2024) is creating another serious expense for Condo owners in the near future: FS 718.112 (l) — Firesafety.—Any high-rise association building must ensure compliance with the Florida Fire Prevention Code. That means that these buildings must retrofit either a fire sprinkler system or an engineered life safety system as specified in the Florida Fire Prevention Code.

But make no mistake: These buildings in question got ample warning: Since 2014 bills are being discussed and enacted creating this requirement. The deadline for the necessary retrofitting changed a few times – some ill-advised board members who didn’t care about the safety of their neighbors had the law firm of Becker& Poliakoff (former Senator Ellyn Bogdanoff, now an attorney with the Becker Law Firm) lobbying against this requirement, trying to remove this requirement in the statutes or minimum trying to postpone this deadline “forever”.

In 2017 then Governor Rick Scott even vetoed a bill that would have actually allowed residents to vote to end sprinkler and other safety requirements.

Let’s make no mistake: Safety requirements, especially in high-rise buildings, are absolutely necessary – even if some high cost is involved. We have seen in Surfside that neglecting safety requirements – or even ignoring them – can have deadly consequences.

Hopefully all these high-rise condominium buildings had board members that took care of creating reserve funds for installing the required Fire Safety System. They surely had long-time warnings.  We don’t want to see families losing their home because they were unable to pay the special assessment because the board members failed to collect the necessary funds over all these years.


 Need a Fire Safety Company for your Buildings?

Search our Members Directory – top companies can be found all over Florida that work with Condo and HOA’s.

When you are looking for companies to take care of your buildings fire safety, Our members are here to help.

ASAP Fire Sprinkler Protection LLC

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

  • Posted: Apr 29, 2022
  • By:
  • Comments: Comments Off on ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management

ALGAE BLOOMS: DID YOU KNOW?

by Allstate Resource Management

The climate in Florida is wonderful in many ways, but the year round warm weather and heat in the summer can increase algae blooms.
1. Lawn fertilizers are a big contributor to algae blooms. Leave at least a 10 foot buffer when dispensing fertilizer near a waterway. Fertilizer in the street will wash into the storm drains and all storm drains lead to the waterways.
2. Never blow or dispose of trash and lawn clippings into streets, storm drains, or waterways. They are loaded with nutrients and as they decay, they feed the algae blooms. All storm drains lead to the waterways.
3. Algae blooms may affect oxygen levels and block light which will harm the aquatic environment.
Allstate Resource Management has 25 + years helping South Florida homeowners associations with waterway management.
Contact us today at 954-382-9766 or info@allstatemanagment.com
for a FREE, no-obligation consultation
Tags:
The Hurricane season starts on June 1 but it’s never too early to prepare.

The Hurricane season starts on June 1 but it’s never too early to prepare.

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on The Hurricane season starts on June 1 but it’s never too early to prepare.

The Florida hurricane season runs from June 1 through November 30. According to the National Oceanic and Atmospheric Administration (NOOA), this year is predicted to be another above-normal season.

The Hurricane season starts on June 1 but it’s never too early to prepare.

Take a moment to go to out web page for the top professionals /members ready to help. Remember to SAVE to your favorites, this way you will be prepared if you have damage to your buildings/HOA homes and condos.

http://FloridaAdjusting.com – A division of SFPMA

Damage from a hurricane can be costly for all businesses and can pose hazards for you and your employees. Fortunately, there are ways that you can fortify your business against a hurricane to minimize losses and reduce risks for workers.

As part of “Planning Ahead” for a Disaster, the SBA encourages you to consider taking these simple steps to prepare: Assess your risk; Create a plan, Execute your plan. Statistics show that 25% of small businesses don’t re-open after a disaster. Visit the SBA’s Prepare for Emergencies website to learn more about how to prepare and recover if a disaster strikes.

NOOA officials also encourage consumers to take the following steps:

  • Visit Ready.gov and Listo.gov for useful and valuable disaster preparation resources including checklists and templates for your business and your home.
  • Download the FEMA app to sign-up for a variety of alerts and to access preparedness information.
  • Consider purchasing flood insurance.

Visit the National Hurricane Center’s website at hurricanes.gov throughout the season to stay current on watches and warnings.

AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

  • Posted: Apr 28, 2022
  • By:
  • Comments: Comments Off on AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

THE MIAMI HERALD HAS PREPARED AN AMAZING PODCAST THAT DISCUSSES THE COLLAPSE IN SURFSIDE IN DETAIL AND FROM SO MANY DIFFERENT ANGLES.

IN TODAY’S MIAMI HERALD, ERIC GLAZER IS INTERVIEWED REGARDING THE LAWS THAT LED TO THE DISASTER AND HOW THE LEGISLATURE IGNORED PRIOR WARNINGS.

TO LISTEN TO THE PODCAST CLICK HERE


EPISODE 8: THE RULES ARE DIFFERENT HERE Almost a year after the tragic fall of Champlain Towers South in Surfside, the Florida Legislature has done nothing to prevent another disaster. It’s an approach often taken in Tallahassee: Miami-Dade County’s problems are its own to fix. But the flaws at Champlain South aren’t necessarily limited to Miami-Dade, or even Florida. They could be present in older waterfront buildings around the world.

Episode 8: The Rules Are Different Here of Collapse: Disaster in Surfside, a new podcast from Miami Herald/Treefort Media, shows listeners how the long-term consequences of the deadly accident are still up in the air — and explores how previous decades of inaction by lawmakers and the Champlain South condo board contributed to the collapse.

Listen to the Podcast and hear the interview with Eric Glazer.

Tags:
New Product: SuperHanger(TM) patented PVC Pipe Hangers for Garage Piping

New Product: SuperHanger(TM) patented PVC Pipe Hangers for Garage Piping

  • Posted: Apr 24, 2022
  • By:
  • Comments: Comments Off on New Product: SuperHanger(TM) patented PVC Pipe Hangers for Garage Piping

Lee Composites, Inc. has been supplying thousands of SuperHanger(TM) patented PVC Pipe Hanger Systems t0 Condominiums throughout Florida for over 27yrs now. It is by far the most popular pipe hanger system on the market, replacing rusted steel pipe hangers. Contact us now before problems occur.

 

THE PERFECT SOLUTION FOR SUPPORTING YOUR PLUMBING

Steel Rusts, PVC and Fiberglass Don’t. “There’s no other pipe hanger like it!” Lee Composites, Inc. introduces the PVC Super Hanger™ pipe hanger system. The Super Hanger™ pipe hanger is comprised of all nonmetallic, corrosion resistant materials and maintenance free properties.

The patented Super Hanger™ pipe hanger design allows for ease of installation on both new and used pipe, structural strength for pipe loadings and sizes to support various pipe diameters. They come in multiple sizes and are ready for immediate availability.

Learn more about Lee Composites members of sfpma view their membership listing.

Regards, Bob Lee- President
Lee Composites, Inc.
PO Box 130363
The Woodlands, TX 77393
281-782-2477