Become a 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. 

BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

  • Posted: Mar 02, 2022
  • By:
  • Comments: Comments Off on BIG DECISION BY THE DBPR SAYS E-MAILS BETWEEN BOARD MEMBERS ARE “OFFICIAL RECORDS” THAT CAN BE SEEN BY ALL UNIT OWNERS.

Those of who have taken the Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

 

BEFORE YOU HIT THAT “SEND” BUTTON

By Eric Glazer, Esq.

Florida Statute states:
120.565 Declaratory statement by agencies.—
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.

A man by the name of James Hanseman recently sought a declaratory statement from The Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes regarding whether e-mail communications between and among board members are “official records” within the meaning of Florida Statute 718.111(12), where such records relate to the Association’s operations but are sent to and/or from personal computers and devices rather than Association owned computers and devices.

Those of who have taken my Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.

In this declaratory statement, Chevonne Christian the Division Director opined that:


The .. official records of the association” include .. all other written records of the association not specifically included in the foregoing which are related to the operation of the association.”§ 718.111 (12)(a) l8., Fla. Stat. Nothing in this provision exempts such records when created or transmitted with a board member-owned device rather than an Association owned device.

The plain meaning of the statute is always the starting point in statutory interpretation.”

GTC, Inc. v. Edgar, 961 So. 2d 781, 785 (Fla. 2007). Dictionaries can be used to determine the meaning of words. Metro. Dade County v. Milton, 707 So. 2d 913, 915 (Fla. 3d DCA 1998).

Emails constitute a form of writing. Writing, Black’s Law Dictionary (11th ed. 2019).

Consequently, emails are “written records,” and their existence as such does not depend on the ownership of the device through which the emails are transmitted.

Accordingly, emails that otherwise constitute “official records” are not excluded from thestatutory definition of “official records” merely because they are created or transmitted with board members’ personal devices.

Wow! If e-mails constitute a form of writing, no doubt text messages also constitute a form of writing. So how is this going to work? Let’s say a unit owner makes a records request for e-mails between board members during the month of February, 2022. Do all of the Board members now have an obligation to look through their e-mails and texts for the past month, print them out and hand them in to the association? Suppose each director simply says that we don’t communicate by e-mail or texts, even though they do? What remedy does the unit owner have?

While the decision is debatable as to whether or not these e-mails are “official records” it is undeniable, that it is simply unenforceable. It will be interesting to see the first arbitration case that relies on this declaratory statement. It will be even more interesting if that arbitration case gets appealed and we ultimately get a decision of the courts. Will a director ever be required to physically turn over their phone or computer by a court? Who knows? But I think we will either have a legislative fix or a court opinion within a year. In the interim, keep in mind that before you hit the SEND button on an e-mail, think about the fact that said e-mail may one day be seen by everyone in the condominium, or even a judge or jury.

Difference Between a (Licensed) Community Association Manager and a Property Manager?

Difference Between a (Licensed) Community Association Manager and a Property Manager?

  • Posted: Feb 24, 2022
  • By:
  • Comments: Comments Off on Difference Between a (Licensed) Community Association Manager and a Property Manager?

Difference Between a (Licensed) Community Association Manager and a Property Manager?

The roles, responsibilities, and differences between these two jobs Key takeaways:

Find Property Managers

The terms property manager and community association manager are sometimes used interchangeably, but there are important differences.
Each job has its own responsibilities and functions. Property managers primarily work with tenants and oversee individual apartment units or homes.

A property manager’s typical responsibilities include collecting rent, showing vacant units to prospective tenants, and handling maintenance and repairs for individual apartments or homes.
Community association managers typically work with the board of directors of an HOA or COA.

A community association manager’s usual duties include preparing budgets, collecting bids from vendors, and overseeing repairs and maintenance of amenity spaces or common areas.
A property manager deals with the day-to-day operations of a property or an association, whereas a community association manager is more likely to be involved in large-scale or big-picture projects that affect the community as a whole.

It is important to know the differences between a property manager and a community association manager to hire the right professional for the task and contact the right person with your question or concern.
You may have heard the terms property manager and community association manager used interchangeably. While the two job titles have similarities, there are also key differences between them. If you’re a real estate or property management professional – or a vendor who serves these industries – it is important to understand that property managers and community association managers have different responsibilities and job functions. We will outline them below.

 

Property managers
A property manager is typically the liaison between tenants or homeowners and an HOA (homeowner’s association). They are responsible for individual units in an apartment, condo, or homes in a neighborhood or community.

Property managers oversee the physical property itself and generally respond to tenant inquiries about their particular unit. They are usually the ones who manage leases, collect rent or Condo/HOA payments, handle maintenance and repairs for units or homes, and address tenant complaints and concerns.

The core responsibilities of a property manager include:

Rent or HOA payment collection
Repair management and maintenance for each unit or home
Vacant unit showings to prospective tenants
Responding to tenant complaints
Inspecting units after tenants move out
Handling an eviction process
Community association managers
Community Association Managers (CAMs) are usually in charge of budgets, record-keeping, and managing community spaces such as a clubhouse, pool, or community landscape features. They’re involved in all aspects of running the HOA (if there is one) or the community and thus have extensive knowledge of HOA governing rules and local applicable laws.

LCAMs

Are usually hired by the board of directors of a homeowner’s association (HOA) or condo owner’s association (COA). They may plan community activities and help enforce community rules. A CAM’s exact duties are likely to vary slightly depending on the hiring association, but broadly speaking, they’re in charge of big-picture tasks and responsibilities.

The Core responsibilities of a CAM include:

Supervision of community maintenance, such as common areas, pool cleaning, landscaping, etc.
Creation and overseeing of budgets.
Site inspections.
Negotiation of contracts for common property repairs or enhancements.
Assisting the board in selecting vendors; collection and presentation of bids for projects.

The key differences

Both property managers and CAMs might handle tasks such as pool maintenance or trash collection, but in general the former takes on the responsibilities of a landlord while the latter oversees larger-scale projects and activities that have implications for the entire community. You can think of property managers as dealing primarily with individual tenant needs and CAMs as handling the needs of the entire building, neighborhood, or association.

Most states require property managers to obtain a real estate license, but this isn’t the case for CAMs. They may or may not have a real estate license, but they should be well-versed in local housing laws and know the rules of the owner’s association that hired them. It is important to properly vet prospective candidates whether you’re seeking a property manager or a CAM.

Why the differences matter
It is important to know the differences between a LCAM and a property manager so that you can hire the right professional for the tasks at hand. From a tenant, unit owner, or vendor perspective, knowing the differences between these two roles can help you determine which person to address with a specific questions or problem.

 


Start a Career as a Licensed Property Manager, Get Licensed!

Do you want to become a Property Manager? SFPMA and our Education Partners Provide State Approved – Online and In classroom courses for Licensing, Educational and instructive information through the association. Find out more about Licensing & Advancement Courses for the property management industry. Get your License Today!    Become a Licensed Property Manager 

Tags: , ,
WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

  • Posted: Feb 15, 2022
  • By:
  • Comments: Comments Off on WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE? Many Won’t – Find Out Why

WILL THE ASSOCIATION’S DENIAL OF AN ARCHITECTURAL REQUEST WITHSTAND CHALLENGE?

Many Won’t – Find Out Why

For many homeowners associations, a top priority is ensuring that the homes in the community are maintained in conformity with the “community-wide standard.” But, what is this subjective standard? How is compliance measured? What is the process to be judged when a request to the association’s architectural review committee (ARC) is made? The ARC is instrumental in ensuring that the community-wide standard is met. However, your association may run into a problem if the ARC denies a request from a homeowner if the association has not adopted specific, objective criteria and guidelines on which the ARC can rely.

    Sometimes applications to the ARC are denied because the proposed modifications were not “in harmony” with the other homes in the community or did not conform with the “community-wide standard.” However, such a limitation is vague, and a denial based on whether a particular modification is “harmonious” is subjective. Thus, the members are entitled to specific guidelines regarding what is allowed and what is not allowed, and in fact, this is required by law.

    The association’s ARC can only be as effective as the objective guidelines and standards drafted into the declaration and board-adopted rules. If your ARC is relying on aesthetics or other subjective criteria that are simply “personal preferences” rather than written, adopted, and published objective standards and guidelines, any disapproval is vulnerable to a successful challenge. In fact, in the seminal case regarding approval of architectural modifications, Young v. Tortoise Island Homeowner’s Ass’n, Inc., 511 So.2d 381 (Fla. 5th DCA 1987), the court held that where the governing documents were silent as to the modification at issue, a denial could not be based on the architectural control board’s opinion regarding “aesthetics, harmony and balance—admittedly very personal and vague concepts.”

    In Young, the owners submitted an application to build a flat roof on their home. The homes immediately surrounding the home were all peaked roofs. Nothing in the governing documents prohibited an owner from building a flat roof, and the requested roof complied with all of the specific requirements set out in the governing documents. However, the architectural control board denied the owners’ request because there was a “very strong feeling” that the flat roof would not be “architecturally compatible with the other homes.” In the end, the Youngs built the flat roof despite the association’s disapproval, arguing that the architectural control board had no authority to impose a prohibition against flat roofs. The court agreed with the Youngs, holding that

            “In the absence of an existing pattern or scheme of type of architecture which puts a prospective purchaser on notice that only one kind of style is allowed, either in the recorded restrictions or de facto from the unified building scheme built on the subdivision, such a board does not have the power or discretion to impose only one style over another based purely on ‘aesthetic concepts.’”

    The flat roof violated no recorded restrictions, no objective rule adopted by the association, and no de facto common existing building style in the community. Therefore, the court held that it was beyond the power of the architectural review board to prohibit the flat roof.

    The concept in Young was further codified in 2007 in §720.3035(1), Florida Statutes, which provides that an association or the ARC has the authority to review and approve plans and specifications only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration or other published guidelines and standards. More specifically §720.3035(1), Florida Statutes, provides that the authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

    In other words, the ARC can only approve or deny requested modifications based on objective standards with specificity as to location, size, type, or appearance that are set out in the declaration or other published guidelines and standards. Without specific, objective standards to rely upon, the ARC is at risk of making arbitrary decisions regarding approval. Basing ARC denials on concepts like “aesthetics, harmony, and balance” will land the association in hot water if an owner challenges such denial. It is far safer to base approval or denial on objective standards as set out in the declaration or as adopted by the board.

    Creative drafting by an association’s attorney is critical in order to capture those ARC applications where a member may request a modification that is not squarely addressed by the governing documents. In plain English, a “catchall” amendment to the declaration can be artfully drafted that stands for the proposition that, if such a request is made, then the existing state of the community is the applicable standard by which the application is to be judged. For example, if the Tortoise Island Homeowner’s Association had had such a provision in its declaration, then given that there were no flat roofs in the community, the existing state of the community may have provided a lawful basis for the ARC to deny the request, thus possibly leading to a whole different result in the case.

    On a related note, there are strict procedural requirements that your association must follow, most especially if the ARC intends to deny an ARC request. It is likely many ARCs do not conduct their activities in conformity with Florida law such that a denial could withstand judicial scrutiny. Pursuant to §720.303(2), Florida Statutes, a meeting of the ARC is required to be open and noticed in the same manner as a board meeting. In other words, notice of the ARC meeting must be posted in a conspicuous place in the community at least 48 hours in advance of the meeting, and the meeting must be open for the members to attend. In addition, pursuant to §720.303(2)(c)3., members of the ARC are not permitted to vote by proxy or secret ballot. Bare bone minutes should be taken as well to create a record of ARC committee decisions, most especially denials.

    We hear from many associations that the ARC does not meet openly or notice their meetings. This leaves any decision made by the ARC vulnerable to challenge. If the ARC denies an application but fails to do so at a properly noticed meeting, the owner can challenge the denial claiming that it is not valid as the ARC did not follow proper procedures. Many declarations contain language which provides that if an ARC application is not approved or denied within a certain period of time, the application is deemed approved. In that case, if the ARC’s denial of an application is not valid because the ARC failed to comply with the procedural requirements for the meeting, an application which violates the declaration or the ARC standards may be deemed approved by operation of the declaration! By complying with the provisions of Chapter 720, Florida Statues, your association can avoid that disaster.

    Practice tip: Remember that notice of any board meeting at which the board will consider a rule which restricts what an owner can do on their parcel must be mailed, delivered, or electronically transmitted to the members and posted conspicuously on the property not less than 14 days before the meeting.

    If your association has not adopted objective ARC standards and guidelines including the “catchall” provision discussed above, now is the time to start! We recommend that you contact your association’s counsel prior to drafting such rules to ensure that the association is in compliance with the requirements of the governing documents and Chapter 720, Florida Statutes.

 

Jeffrey Rembaum’s, Esq.

legal practice consists of representation of condominium, homeowners, commercial and mobile home park associations, as well as exclusive country club communities and the developers who build them. Mr. Rembaum is a Board Certified Specialist in Condominium and Planned Development Law and is a Florida Supreme Court Certified Circuit Civil Mediator. He is the creator of “Rembaum’s Association Roundup,” an e-magazine devoted to the education of community association board members, managers, developers and anyone involved with Florida’s community associations. His column appears monthly in the Florida Community Association Journal. Every year since 2012, Mr. Rembaum has been selected to the Florida Super Lawyers list, and was also named Legal Elite by Florida Trends Magazine.

He can be reached at 561-241-4462.

Tags:
The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

  • Posted: Feb 12, 2022
  • By:
  • Comments: Comments Off on The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

The Broward County Condo & HOA Expo. February 15th at The Signature Grand.

Come meet with the top Industry Professionals and Companies serving Condo and HOA’s.

SFPMA has so many of our members that take part in the Expos and Events for our Industry.

Learn how our members can help you with your Buildings.

 

If you have not Registered Please Do it Now!

 

Keep up to date with All of the Events on SFPMA

 

KBR’s Seminar offerings at the Palm Beach Expo on February 1, 2022

KBR’s Seminar offerings at the Palm Beach Expo on February 1, 2022

  • Posted: Jan 25, 2022
  • By:
  • Comments: Comments Off on KBR’s Seminar offerings at the Palm Beach Expo on February 1, 2022

KBR’s Seminar offerings at the Palm Beach Expo on February 1, 2022

9:30am-10:30am
JUMPING INTO THE PRESENT: WHY UPDATING YOUR GOVERNING DOCUMENTS IS IMPORTANT
Instructor: Allison L. Hertz, Esq., BCS
One CEU in OPP or ELE
2:30pm-4:30pm
2022 LEGAL UPDATE
Instructor: Peter C. Mollengarden, Esq., BCS
TWO CEUs in LU (Legal Update)

 

Kaye Bender Rembaum will also be in attendance and offering seminars at the following Expos in February:

February 4th – Miami Beach Convention Center – Miami Beach
February 10th – Tampa Convention Center – Tampa
February 15th – The Signature Grand – Davie
The Kaye Bender Rembaum Team Remains Available To You and Your Community Association
Visit KBRLegal.com for awesome free resources, including 2021 Legislation, news with Legal Morsels and Rembaum’s Association Roundup, and our Event Calendar, including upcoming free classes.

Tags: , ,
Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy by KBR Legal

Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy by KBR Legal

  • Posted: Jan 12, 2022
  • By:
  • Comments: Comments Off on Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy by KBR Legal

Why Condominium Associations Must Obtain Approval Before Work Begins and A Plea To The Florida Legislature For A Remedy

 

When it comes to material alterations, some might say that homeowner associations have it easy compared to condominium associations. For a homeowners association, because Chapter 720, Florida Statutes is silent on the issue, unless otherwise provided in the governing documents, decisions regarding material alterations are made by the board. But, as to condominium associations, and as their board members should know, §718.113(2), Florida Statutes, requires advance membership approval for material alterations to the common elements and association real property. In this regard, there is no parity between the Condominium Act versus the Homeowners Association Act.

Before explaining further, a reminder of the Florida’s Fourth District Court of Appeal  definition of what constitutes a “material alteration” from the seminal case Sterling Village Condominium, Inc. v. Breitenbach,  251 so.2d 685, 4th DCA (1971) is in order. As explained in Sterling,  “as applied to buildings the term ‘material alteration or addition’ means to palpably or perceptively vary or change the form, shape, elements or specifications of a building from its original design or plan, or existing condition, in such a manner as to appreciably affect or influence its function, use, or appearance.”

Prior to July 1, 2018, §718.113(2)(a), Florida Statutes, provided that no material alteration or substantial addition can be made to the common elements or association real property without the approval in the manner provided for in the declaration, or if the declaration is silent, then by 75 percent of the total voting interests of the association. As adopted by the 2018 Florida legislature, (effective July, 1, 2018), §718.113(2), Florida Statutes was amended to provide that approval of the material alteration or substantial addition must be obtained before the work commences.

 

The current language of §718.113(2)(a), Florida Statutes, provides as follows:

Except as otherwise provided in this section, there shall be no material alteration or substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. This paragraph is intended to clarify existing law and applies to associations existing on July 1, 2018. [Emphasis added]

Prior to the 2018 amendment, §718.113(2), Florida Statutes, did not expressly provide that the approval must be obtained before the material alteration or substantial addition was commenced. However, in a recent decision by the Third District Court of Appeal, the Court held that approval was required before the material alteration or substantial additions were commenced even before the language of §718.113(2), Florida Statutes, was amended to include the advance approval requirement!

In Bailey v. Shelborne Ocean Beach Hotel Condominium Association, Inc., Nos. 3D17-559, 3D17-01767 (Fla. 3d DCA July 15, 2020), unit owners brought a claim against their association alleging that the association violated §718.113(2), Florida Statutes, by failing to obtain the approval of the membership before commencing a large construction project which, they argued, constituted a material alteration to the common elements. Later, both parties agreed that all but two of the alleged “material alterations” actually constituted necessary maintenance that the association was authorized to commence without a vote of the membership.

The association alleged that the remaining two construction items were also necessary maintenance, which was an allegation the unit owners disputed. The trial court held that the remaining two alleged material alterations were valid notwithstanding whether they were necessary maintenance or material alterations because the association eventually obtained the approval of the membership (presumably after the fact). Therefore, the trial court reasoned it did not need to make a determination as to whether the two items were material alterations since the membership approved them, albeit in a tardy fashion.

On appeal to the Third District Court of Appeal, the unit owners challenged the trial court’s decision arguing that the statute required the association to obtain approval for material alterations before it commenced the work. Therefore, the plaintiff unit owners argued that the membership could not provide their consent and approval posthumously. As the construction project at issue took place between 2010 and 2016, the applicable version of §718.113(2) did not include the express requirement that approval be obtained before material alterations are commenced. However, the Court still held that the portions of a construction project that do not constitute necessary maintenance must be approved prior to commencement.

The court explained that “based on the structure of the statute, the 75 percent approval requirement is a condition necessary to overcome the statute’s clear prohibition, insofar as any of the construction work amounts to material alteration or substantial additions.” However, because the trial court did not rule on whether the two items at issue were material alterations or necessary maintenance, the Court was unable to determine whether a vote of the members was pre-required and remanded the case to the trial court for further proceeding to determine the nature of the two construction items.

Because the Court did not make a final determination whether the two construction items constituted necessary maintenance, the Court did not address the remedy for the association’s failure to obtain the advance approval of the membership. Additionally, the law fails to address the remedy when an association does not obtain membership approval before commencing a project.

In cases of material alterations already completed which required the advance approval of the membership, the present version of §718.113(2), Florida Statutes leaves no room whatsoever for the court to order an association to posthumously acquire the membership vote or put things back the way they were. Rather, the only remedy that appears available to the court would be to restore the common elements to its pre-existing state (or as close as can be accomplished under the circumstances), which explains why a legislative fix to §718.113(2), Florida Statutes, to provide for additional remedy would be helpful.

There is a very important lesson to be gleaned from the Bailey case. If your association is considering a material alteration of any kind, then the association would be wise to attain the required approval before commencing the project to avoid a successful legal challenge. If the association fails to obtain the required approvals before commencement of the project, in the event of a legal challenge, the association may well be required to undo whatever alterations were made to the common elements as Bailey suggests this was the case even before the relevant statute was amended. This can result in significant expense to the association, not to mention having to explain what happened to many irate unit owners.

 


Remember, prior to commencing any material alteration or substantial addition, be sure to consult your association’s attorney to ensure you comply with the requirements of the Florida law and your association’s governing documents.

1200 Park Central Boulevard South, Pompano Beach, FL. Tel: 954.928.0680
9121 North Military Trail, Suite 200, Palm Beach Gardens, FL. Tel: 561.241.4462
1211 N. Westshore Boulevard, Suite 409, Tampa, FL. Tel: 813.375.0731

 

 

Tags: , ,
Wed Events: Jan 12, 2022  Take advantage of these Informative Webinars

Wed Events: Jan 12, 2022 Take advantage of these Informative Webinars

  • Posted: Jan 11, 2022
  • By:
  • Comments: Comments Off on Wed Events: Jan 12, 2022 Take advantage of these Informative Webinars

ELECTIONS: CONDOS, HOAS AND CO-OPS 01/12/2022  11:00 am – 12:00 pm

WEBINAR Florida

ELECTIONS: CONDOS, HOAS AND CO-OPS  01/12/2022  11:00 am – 12:00 pm  https://us02web.zoom.us/webinar/register/WN_RzIt7aIQSDKZ9RYu7z9PBQ Course #: 9630571 | Provider # 0005092 | 1 CEU in HR or ELE Instructor: Allison L. Hertz, Esq., BCS RSVP HERE


SO YOU LIVE ON A LAKE?  by Allstate Resource Management

SO YOU LIVE ON A LAKE?  by Allstate Resource Management Thursday, January 12, 2022  11:30am-12:30pm 1 CEU – COURSE NUMBER: 9629011 One FREE OPP/ELE CEU for Property Managers Property managers will recognize the aquatic landscape and understand the importance of proper maintenance. Emphasis will be on the benefits of biological and chemical controls for long term lake management. Participants will become familiar why our “man-made” lakes are so important in South Florida. Participants will also learn contributing factors to algae occurrence and how it can be treated and controlled. They will become aware of invasive and exotic plant characteristics with examples. Call 954-382-9766 to register for this free educational course!


MANAGING YOUR ASSOCIATION – 20 Things to Know /Jan 12, 2022 Katzman Chandler

WEBINAR Florida

MANAGING YOUR ASSOCIATION – 20 Things to Know / Katzman Chandler Wednesday, January 12, 2022 from 1:00 PM to 2:00 PM EST Matrika Shepherd Katzman Chandler 954-486-7774 mshepherd@katzmanchandler.com Looking to hire a new manager or management company? What do you need to know? What pitfalls do you want to avoid? Come to this class and find out about Management contracts, authority, duties, and responsibilities.


View our Upcoming Events

Keep up to date each month with Condo, HOA & Management events all over Florida

 

Tags:
ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS  By Eric Glazer, Esq.

ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS By Eric Glazer, Esq.

  • Posted: Jan 11, 2022
  • By:
  • Comments: Comments Off on ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS By Eric Glazer, Esq.

ANOTHER STUNNING GRAND JURY REPORT ABOUT FLORIDA CONDOMINIUMS

By Eric Glazer, Esq.

I’ll tell you something – I give a lot of credit to Kathy Fernandez Rundle, The State Attorney for Miami-Dade County.  She actually prosecutes cases of condo fraud, years ago she assembled a grand jury to make recommendations to the state legislature regarding condo crimes, kickbacks, conflicts of interest and the grand jury’s findings turned into legislation ———- and now, in light of the tragedy in Surfise at The Champlain Towers collapse where 98 innocent people lost their lives —– she assembled another fact finding grand jury, this time to investigate the laws regarding inspections of our buildings and how we waive  reserve funds.

The last Miami Dade Grand Jury wrote a scathing report regarding condo crime, saying it was rampant — and people get on the board just to divert the condo’s business to their relatives or even their own companies.  Well, this Grand Jury pulled no punches either.

As you know, the current law allows all condos the opportunity to waive the full funding of reserve accounts for major repairs or replacements.  All it takes is a lousy vote of a majority of a quorum of the owners who attend a meeting.  So, if in your 100 unit condo, a quorum of owners is typically 50 or less.  So, if 50 or more people show up either in person or by proxy, a majority of them can change the budget to completely exclude reserves, and as we know it’s typically done year after year after year.

Here is what the Grand Jury said about that:

“We Are At A Loss To Understand Why Such Language Would Even Be Included In The Florida Condominium Act.”  They eventually said that at a minimum, it should at least require a 70% vote of the owners to waive reserves.  So, you can rest assured that this one finding by the grand jury will work its way into new condo legislation in the next 2 months as the Florida Legislature is now in session. It’s going to become real difficult real soon, to completely refuse to fund your reserve account.  Surprisingly,  the grand jury didn’t say a word about requiring properly licensed personnel to do the reserve  account analysis each year., instead of joe the butcher, fred the cab driver and joan the teacher, each of whom are not qualified to do the reserve analysis.

In terms of the 40 year certification process for Dade and Broward, The Grand Jury recommended that buildings should be given a  2 year advanced notice to perform the 40 year inspection.  And of course 40 years is way too long for the first inspection.   The first inspection and certification should be 10 – 15 years after the building is constructed , and the condominium inspection should be updated every 10 years.  I think you can rest assured  that The Florida Legislature will probably make this a law throughout the state, not only in d\Dade and Broward counties.  In fact, a bill has already been filed in the senate that would require the inspection of all condos in the state over 3 stories, after 30 years and every ten years thereafter.

As the law stands right now in Dade and Broward —- for the 40 year certification — the inspection only involves the structural and electrical issues.  Well, you can throw that right out the window according to this grand jury.  going forward,

 

The Grand Jury recommends that all of the following components must pass inspection:

roof, structure, fireproofing and fire protection systems, elevators, heating and cooling systems, plumbing, electrical systems, swimming pool or spa and equipment, seawalls, pavement and parking areas, drainage systems, painting, irrigation systems.  This is a much more comprehensive and much more expensive inspection report than what we have now.   Condos better get ready to put these costs into their budgets if this legislation passes.

Even the qualifications of the people doing the certifying would change.    The Grand Jury wants any engineer certifying a building in connection with an inspection —— must have previously designed and inspected at least 3 buildings of the same or greater height as the building to which is to be recertified.

The Grand Jury opined that building officials must require proof of waterproofing and painting every 10 years.  They specifically found that ” a failure of condo boards to implement much needed repairs and maintenance has led to unsafe building structures throughout South Florida.  They reminded everyone that associations who don’t comply with the insurance company’s requirement of routine maintenance may result in a denial of the claim.”

They even recommended that building officials should check to see if the condominium is performing routine maintenance and condo boards should be required to file a document certifying that regular routine maintenance has been conducted in the last 12 months.

And thankfully, The Grand Jury believes that the education requirement for board members be expanded.  As you know, I drafted Senate Bill 394 filed by Anna Maria Rodriguez and House Bill 547 filed by Representative David Borerro, The bill would require board members to get certified by taking an educational class rather than getting certified by signing a silly form.  Florida would be the first state in the country to require that.  That would be my legacy and I have my fingers crossed.

All I can say is……when you factor in the insane rise in the price of insurance, and the changes we know are coming in this legislative session, it’s about to get a lot more expensive to live in your condominium.  Get ready to buckle up and hold on.  It’s going to be a bumpy ride.

To view the actual Grand Jury report click here.

 

Tags:
Top 5 Community Update Articles of 2021 from Becker

Top 5 Community Update Articles of 2021 from Becker

  • Posted: Jan 04, 2022
  • By:
  • Comments: Comments Off on Top 5 Community Update Articles of 2021 from Becker

A new year means 365 new opportunities to be grateful.

Practicing gratitude has far reaching effects, from improving our mental health to boosting our relationships with others. Join the Becker Team as we share what we’re truly grateful for – our clients, community, coworkers, family, friends, health, happiness, and growth. From our Becker family to yours, we wish you all the best and look forward to being of service in 2022!       https://www.youtube.com/watch?v=w5MiiLJaCXM

Top 5 Community Update Articles of 2021

Before heading into the New Year, we look back at the year’s most popular reads. This month’s featured articles highlight the topics you found most interesting in 2021 – from fining committees to questions about remote meetings.

From all of us at Becker, we wish you a happy holiday and a joyous, healthy, and prosperous New Year!

 

1.

Of all enforcement options available to an association for violations of its governing documents, the imposition of fines is one that yields many questions due to the strict procedures required to impose a fine. Learn more in, “What is a “Fining Committee” and Who Can Be on It?”

2.

Although Florida’s Sunshine Laws don’t apply to community associations, the Condominium Act has its own set of “sunshine” requirements to be aware of. Karyan San Martano breaks down what the statute says in, “‘Sunshine Laws’ for Condominium Associations.”

3.

While Mother Nature may be hard to harness, community associations are often tasked with doing just that to protect both residents and property. In, “Responsibility for Tree Branches and Roots,” Elizabeth Lanham-Patrie explores how the law decides who needs to tackle this chore.

4.

As of July 1, 2021, associations are required to send delinquent owners a Notice of Late Assessments prior to turning the account over to collections. Learn best practices for sending this letter in, “A Guide to Sending the New Notice of Late Assessment.”

5.

“Can Remote Meetings Be Held Now That the State of Emergency Has Expired?” Yeline Goin discusses what meetings can be held remotely, in whole or in part.

 


 

CALLING ALL BOARD MEMBERS AND COMMUNITY MANAGERS

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

Wishing you a Happy New Year from all of us at SFPMA

Wishing you a Happy New Year from all of us at SFPMA

  • Posted: Dec 30, 2021
  • By:
  • Comments: Comments Off on Wishing you a Happy New Year from all of us at SFPMA

Wishing you a Happy New Year

What a Year!  Throughout this year Condo’s, HOA’s and the Property Management Industry have had so many changes. We are so glad for each and every member company that worked together bringing everything from Services, Business and Management to clients all over Florida.

We especially want to say thank you to our Legal Experts, Firms that kept all of us up to date on the Laws that changed almost weekly.  Along with every Service and Business Member Company who went above and beyond with the care for properties for our Managers.

SFPMA wishes the best for all clients, members and industry professionals all over Florida. 

Happy New Year!

 

          

      

   

      

       

       

       

     

 

 

 

Upcoming Events Calendar: Every Month we have a large list of the Top Events in Florida by SFPMA

Upcoming Events Calendar: Every Month we have a large list of the Top Events in Florida by SFPMA

  • Posted: Dec 28, 2021
  • By:
  • Comments: Comments Off on Upcoming Events Calendar: Every Month we have a large list of the Top Events in Florida by SFPMA

Upcoming Events Calendar: Every Month we have a large list of the Top Events in Florida

by SFPMA/Upcoming Events

Educational Webinars, Online Seminars, Radio Shows that are Available.

Keep up to date with Legal Updates, Webinars, In Class with guidance of all CDC Orders. Safety First.

We have 2 views: the Calendar and List Views – We keep it simple for you to find events that you can take part in.

Courses offered to Community Associations, HOA’s, Board Members and SFPMA members throughout the State of Florida. These lively, interactive and informational courses can be found on the Calendar, some include refreshments many are approved for board member certification or manager continuing education credits. (ECU Credits)

Become a CAM this year – Find our providers on our website.

 

Members can log into the Members portal and send us Events to be listed on the Upcoming Events.


Tags: ,