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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols  by DONNA DIMAGGIO BERGER

Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols by DONNA DIMAGGIO BERGER

  • Posted: Apr 17, 2020
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Federal Coronavirus Legislation and Enforcing Your COVID-19 Protocols

by DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

I hope this CALL Alert finds each of you in continued good health.

The extent to which this pandemic has and will impact our private residential communities will not be known for some time. In the interim, we are urging our CALL members to take all recommended precautions to minimize the potential for community spread in their associations.

It is not surprising that some of your residents are pushing back against the COVID-19 protocols you’ve put in place for their protection.  As the weeks go on, you can expect even more violations as residents grow even more restless. However, it is important to remember that any individual who continues to use closed common areas, refuses to adhere to social distancing or enhanced sanitization guidelines or who has been ordered to self quarantine but refuses to do so is not committing a trivial violation. That resident is potentially putting his or her neighbors at serious risk of contracting COVID-19.  As such, boards must react swiftly to such violations.

If you have individuals who have arrived in your community from a hotspot where there has been substantial community spread who do not adhere to the 14-day quarantine order, the penalties can be quite severe. Any person who violates any isolation or quarantine directed by the Department of Health commits a misdemeanor of the 2nd degree punishable by imprisonment not to exceed 60-days and a fine of up to $500.  It is the duty of every state and county attorney, sheriff, police officer and other city and county officials to enforce the DOH’s quarantine order.  That being said, some local officials are stringently enforcing these orders while others are not.  In addition, you may have individuals who are not subject to a quarantine order but have nevertheless jumped the pool fence to continue accessing your closed pool or decided to keep using the fitness room. All of these violations require swift action on your part.

Please click here to read my latest column in the Miami Herald on enforcing your COVID-19 protocols. If you are experiencing violations of your COVID-19 protocols please contact me immediately to discuss your options.

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Many of you have been following the COVID-19 legislation Congress is passing and wondering whether the relief being offered will apply to your association.The Coronavirus Aid, Relief & Economic Security Act (CARES) is a $2 trillion relief package which allocates $350 billion to help small businesses keep their workers employed throughout this pandemic.  The Small Business Administration (SBA) will provide loans of up to $10 million which may be forgiven provided workers stay employed through the end of June known as the Paycheck Protection Program (PPP). The purpose for these loans is to allow small businesses to fund payroll and to make their mortgage, lease and utility payments. Unfortunately, community associations do not appear to currently be eligible for these payments as they do not fit within any of the eligible categories:

  • Small Businesses with fewer than 500 employees
  • 501(c)(3) organizations (charitable, religious or educational institutions)
  • 501(c)(19) organizations (veterans)
  • Tribal businesses
  • Individuals who operate a sole proprietor
  • Individuals who are independent contractors

There is confusion in some quarters about the difference between a not-for-profit corporation and a nonprofit. Community associations fit within the former category as they are not-for-profit corporations.However, community associations could qualify for Economic Injury Disaster Loans (EIDL) which are low interest loans of up to $2 million with principal and interest deferment at the Administrator’s discretion and are available to pay expenses that could have been met had the disaster not occurred and include payroll and other operating expenses. Obtaining this loan may require membership approval so speak to your Becker attorney when applying for same.

In addition to helping businesses stay afloat, CARES will provide most individuals earning less than $75,000 (based on either one’s 2018 or 2019 tax return) a one-time cash payment of $1,200 with married couples each receiving a payment. Families would also receive $500 per child. People who receive Social Security benefits but do not file tax returns are still eligible for these payments. Individuals who are out of work will receive an additional $600 per week from the federal government on top of the base amount that the State of Florida provides.  CARES also creates a new, temporary Pandemic Unemployment Assistance program through the end of this year to help people who lose work as a direct result of COVID-19 and provides an additional 13 weeks of unemployment insurance. This monetary relief should help ease the financial uncertainties that many of your residents are facing.

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The Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020 and became effective on April 2, 2020. Among other items, this legislation provides paid sick leave and expanded paid leave under the Family and Medical Leave Act (FMLA).  This legislation:Covers all private employers with fewer than 500 employees. Including community association employers that have fewer than 500 employees.

  • Covers both full and part-time employees. Full time employees receive sick leave of up to 80 hours. Provides part-time employees with paid sick leave equal to the number of hours the employee works on average over a 2-week period.
  • Provides that employees may immediately take paid sick leave regardless of the length of employment.
  • Provides that employees may take expanded leave under the FMLA provided the employee must have worked for an employer for at least 30 calendar days.
  • Protects employees who are taking paid sick leave because they have been diagnosed with COVID-19, experiencing symptoms and seeking a diagnosis, experiencing symptoms substantially similar to those exhibited by COVID-19 or who are quarantined by providing them with a maximum of $511 per day or $5,110 in total.
  • Protects employees taking paid sick leave to care for a family member who is sick or quarantined or to care for a child whose school or place of care is closed by providing them with a maximum of $200 per day or $2,000 in total.
  • The FFCRA requires a community association to provide employees leave to care for a child who is not sick. FFCRA requires up to 12 weeks of paid leave to care for a child under 18 years of age if the child’s school or place of care has been closed. It does not matter whether the child is sick. The first 10 days of leave are unpaid, but the employee can use any accrued paid leave during that time. The remainder of the leave is paid at 2/3 of the employee’s regular rate of pay, not to exceed $200 per day or $10,000 in total.
  • Presently there is no relief for community associations with fewer than 50 employees. However the Secretary of Labor under FFCRA has the authority to exempt small businesses with fewer than 50 employees when compliance with FFCRA would jeopardize the viability of the business.
  • Employers who pay leave under FFCRA will be reimbursed through a payroll tax credit.
  • It is unlawful for an employer to retaliate against an employee who takes paid sick leave in accordance with FFCRA or who files a complaint under FFCRA. The penalties are similar to those provided for under the Fair Labor Standards Act which generally provides for lost wages, liquidated damages and attorneys’ fees and costs to a prevailing employee.

So many important aspects of our daily lives have changed since Governor DeSantis first declared a State of Emergency on March 9, 2020 and a national State of Emergency was declared on March 13, 2020.  The coming weeks will continue to present their challenges but we are here to help your board and management professionals.For our most up to date information please visit us at www.beckercovid19.com.

 

Donna DiMaggio Berger

DONNA DIMAGGIO BERGER

Contact: dberger@beckerlawyers.com

Donna DiMaggio Berger is a member of the College of Community Association Lawyers (CCAL), a prestigious national organization that acknowledges community association attorneys who have distinguished themselves through contributions to the evolution or practice of community association law and who have committed themselves to high standards of professional and ethical conduct in the practice of community association law. Ms. Berger is also one of only 129 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law.

 

 

 

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Concierge Plus: Technology for modern property management, automating administrative processes so your condo or HOA runs more efficiently.

Concierge Plus: Technology for modern property management, automating administrative processes so your condo or HOA runs more efficiently.

  • Posted: Apr 17, 2020
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Concierge Plus: technology for modern property management

 

Our property management platform makes life easier for property managers and security companies by increasing efficiencies, improving resident service, and automating administrative processes so your condo or HOA runs more efficiently.

Chris Cooney
Senior Sales Executive — Concierge Plus
T: 305-850-7676 x128 — M: 786-667-0056

New Members of SFPMA

 

 

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Feature-Rich, All-in Pricing

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In less than a week, you’ll be handling maintenance requests, amenity bookings, visitor parking, package tracking, resident announcements, and resident information on a secure website, accessible to you at anytime from anywhere. Take your condo online today! Our dedicated Customer Success Specialist team will train your building staff, including on-site training at your location.

 

 

 

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COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

  • Posted: Apr 02, 2020
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COVID-19 Update: Your Questions Answered & Emergency Powers Confirmed

by Jeffrey Rembaum’s, Esq. of Kaye, Bender, Rembaum

 

Rembaum’s Association Roundup

OUR KBR TEAM OF ATTORNEYS OFFER GUIDANCE TO YOUR MOST PRESSING COVID-19 QUESTIONS

1. If we have a resident who tested positive for Covid-19 should we inform the entire community?

If the positive test has been confirmed, while it is ok to alert the entire community that a member has tested positive for Covid-19, it is definitely NOT ok to identify the infected person by name and/or property address.  It is recommended that you contact Association counsel for assistance in preparing or reviewing the notice to the membership.

 

2. What do we do if a confirmed, infected person in our community refuses to self-quarantine?

Consider contacting the County Health Department, the local Police Department, Department of Homeland Security, and Center for Disease Control to report them.  Please be reminded that you have no independent authority to force anyone to self-quarantine.

 

3. Should we close the association clubhouse and gym during the quarantine period? 

With known infections escalating at a breakneck pace, community leaders must make tough business decisions to protect the health, safety and welfare of community residents, staff and to promote compliance with local, state and federal emergency orders and declarations. We recommend implementing strategies to minimize spreading the disease and taking actions designed to maintain a safe environment.  Prohibiting use of indoor common facilities and amenities generally falls within the discretion of the board of directors, particularly in light of the emergency powers granted to all Boards of Directors, during this pandemic, by Florida Statutes, and is strongly recommended by the state health department.

Consequently, we recommend restricting access to these facilities as the most effective way to prevent residents from becoming infected after touching surfaces, railings, entry doors, furniture or other items.  This is especially important if residents typically congregate in the clubhouse in close proximity to each other.

Board members are obligated to act with good faith, with the care of a reasonable person and in the best interests of the community.  It is certainly in the  best interest of the community to maintain a clean and safe environment.  It is likewise in the best interests of the community for the association to promote social distancing in compliance with recommendations of governmental agencies.

 

4. Should we close the association swimming pool during the quarantine period? 

As far as we know, there is no evidence that the infection spreads from one person to another in water, however boards must take the same considerations stated above into account,.  Some associations are permitting owners to use the pool after the association removes the pool furniture, so long as each person agrees to remain 6 feet from one another and limit the number of users to less than 10.  This continued use would still require the association to engage in extraordinary cleaning/sanitizing measures for any high-touch areas including railings, access-ways, bath facilities and the like.  The logistics, costs and possible liability concerns often lead directors to the conclusion that shutting the pool facilities is a far better alternative, which is legally supportable and suggested.

 

5. Should we forgive all assessment payments for 60 days? Should we reduce our budget by 20%?

Certainly these are unprecedented times. Many communities will be faced with critical decisions regarding the likely financial impact the Covid-19 virus will have on the owners and overall operations of the association.

However, as board members have a fiduciary duty to ensure that the association  meets its many financial obligations, we do not recommend adopting a blanket policy to forgive all assessments for all owners for a certain period of days (30, 60, or 90 days), nor do we recommend an immediate reduction in the budget.

The primary reason is that the association must still function in an effective manner, which includes ensuring that its vendors and obligations are timely paid and met, including, without limitation, insurance, maintenance/sanitation of the common elements and facilities, security, and communication services (telephone, internet, cable).  Some communities may have loan repayment obligations as well.  Adopting a blanket policy to forgive all assessments can invariably cause some owners, who otherwise had no intention of withholding payment or paying late, to take advantage of the “amnesty” period, which will only create a negative impact on the association by interrupting the necessary cash flow for community services.

Of course, it is also important to demonstrate compassion during this period and Boards do have the authority to consider hardship requests from an owner on a case-by-case basis, which can include: agreeing to extend the period of time for an owner to make payment; waive late fees; enter into payment plan; or, to send additional late notices before turning a delinquent account over to legal counsel for collection. The types of hardships to be considered by the Board can include, without limitation, a documented reduction in household income by the owner or an increase in household expenses, as well as documented medical reasons.  Also, if there are items in the budget that are discretionary and vendors for these non-essential services are willing to work with the Board to either temporarily suspend those services or defer payment, the board can exercise its reasonable business judgement to work with such vendors on those points.  It is recommended that you review any proposed policies with your association counsel before implementing them.

 

6. Should our association restrict guests or contractors during the quarantine period?

Among the statutory emergency powers of a condominium board is the right to determine any portion of the “condominium property” unavailable for entry or occupancy by unit owners, family members, tenants, guests, agents, or invitees to protect the health, safety, or welfare of such persons based upon advice of emergency management officials or upon the advice of licensed professionals retained by the board.  Condominium property is defined by the Florida Condominium Act (Chapter 718 of Florida Statutes) to include both common elements and units.

However, the statutory emergency powers for homeowners’ associations are a little different. They provide that the board may determine any portion of the “association property” unavailable for entry or occupancy by owners or their family members, tenants, guests, agents, or invitees to protect their health, safety, or welfare based upon the advice of emergency management officials or upon the advice of licensed professionals retained by the board.  The term “association property” is not defined by the Florida Homeowners Association Act (Chapter 720 of Florida Statutes), but would seem to refer to property owned by an association, including only the common area and not lots or homes.

Whether an association may, should or must restrict or prohibit guests or contractors from entering the community due to COVID-19 depends upon the nature of the community, applicable law and, of course, the orders or directives from federal, state, county and local authorities.

In many condominiums there are shared elevators, lobbies, entry doors, hallways, stairways and the like.  Since residents are in close proximity to each other, and guests and contractors will typically need to share access points with residents, it is likely reasonable to limit guests and contractors in condominiums with such shared areas.  However, exceptions for guests and contractors who are necessary for the resident must be considered. A condominium association must surely allow a resident to have a guest who is necessary for a disability. In addition, residents may also need guests for other essential purposes and they should not be precluded from accessing units.  Of course, these issues need to be evaluated on a case-by-case basis.

In a condominium setting, it appears reasonable for the board to similarly restrict access and work by contractors, other than those who are performing necessary work, to be determined by the board.  It is not advisable to restrict contractors who are needed to ensure that a unit is fully functional and habitable.  Optional renovations, which are generally unnecessary to maintain or repair the unit, may be  restricted.  It is interesting to note that many of the emergency orders issued by local governments, such as Broward and Palm Beach Counties, provide that contractors are essential workers who may work despite the orders.

As noted above, the authority of the board of a homeowners’ association to prohibit entry or occupancy appears to apply to common areas rather than the lots and homes.  Furthermore, unlike a condominium, even where the homes are attached (such as townhomes), they typically do not have very much shared areas.  Presumably a guest or contractor of a resident is able to go directly to the resident’s home without contacting or affecting areas used by other residents.  As such, the board of a homeowners’ association may not have as much legal support for a restriction on guests or contractors of residents.

 

7. Should our association prevent tenants and owners from moving in during the quarantine period?

Unless there is a future State or local order that further limits or restricts activity in community associations, it does not appear that a restriction preventing owners from moving into a condominium or homeowners’ association community would be reasonable.  The fact is that owners have more rights than tenants, and obstructing an owner from entering their property is likely not warranted unless, for example, the property was destroyed by a hurricane or is otherwise unsafe.  However, it must be recognized that additional use of the shared areas of community associations could lead to the spread of COVID-19.

As a result, certain restrictions on new leases, particularly new short-term leases which have not been approved, may be reasonable to prevent a “revolving door” situation when there is an influx of too many people in the shared areas of the community. This may also include screening tenants concerning whether they have recently been exposed to COVID-19 and using it as a basis to deny immediate occupancy.  As noted above, there is typically less shared area in homeowners’ association communities and, therefore, a homeowners’ association may have less reason to preclude new tenants.  In any event, all applications for the proposed transfer or lease of a unit or lot should be timely reviewed in accordance with the governing documents for the community to ensure that the association complies with any applicable time frames during which approval must be furnished to the owner or applicant.

 

Also, On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.


Short Term Rental Prohibition Order

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30-days. The Order expires 14 days later unless extended.

 

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Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

  • Posted: Mar 30, 2020
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Rembaum’s Association Roundup: Social Distancing Extended & Clarification of Short Term Rentals Order

by Jeffrey A. Rembaum  brought to you by the Law Firm of  Kaye Bender Rembaum

 

Social Distancing Extended Through End of April & Short Term Rental Clarification 

 

Social Distancing Extended 

As you may have already heard this evening,  the Federal Government’s recommendation on social distancing, originally scheduled to end tomorrow, was extended through the end of April.

 

Clarification Regarding Vacation Rental Order 

On March 27, Governor DeSantis signed an Order  prohibiting vacation rentals less than 30 days (not 30 days or less). The Order expires 14 days later unless otherwise extended.  View the order HERE

 

We strongly encourage Boards to discuss these issues with your association’s  legal counsel to ensure legal and appropriate measures are being undertaken to deal with this rapidly ever evolving and fluid situation.

 

Confirmation of Emergency Powers

Please see the Order from the Secretary of the D.B.P.R. confirming the application of the Emergency Powers for all Boards, as well as the tolling of the deadline for financial reporting requirements for Condominium, Cooperative and Timeshare Associations, during the current State of Emergency.

 

We added a very useful COVID-19 resource section to our website. You can visit it by clicking HERE

 

The Kaye Bender Rembaum Team Remains  Available To You And To

Your Community Association

The health and safety of your Community and all residents is very important to us. We also realize that our clients have uncertainty and concerns around the continuing operation of your Community, and our team of attorneys will remain available to all of you during these times.

 

Legal Sponsor Members of SFPMA

Kaye Bender Rembaum

Kaye Bender Rembaum is dedicated to providing clients with an unparalleled level of personalized and professional service regardless of their size and takes into account their individual needs and financial concerns, with offices in Pompano Beach, Palm Beach Gardens & Tampa.

Jeffrey A. Rembaum

Phone: 561-241-4462
E-Mail: JRembaum@KBRLegal.com

 

 

 

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New VIRTUAL CONDO HOA EXPO presented by SFPMA

New VIRTUAL CONDO HOA EXPO presented by SFPMA

  • Posted: Mar 27, 2020
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In these times we have changed our Events to Include Online Webinars, Seminars and Radio Shows you can interact with from the comfort of your homes.

 

Look for our New Virtual Condo Hoa Expo Platform

Keeping safety first. We have added events to fit the new narrative Providing: Legal Courses, Board Member Courses, Insurance, Collections, Finance, Business, Service Courses and Expos in Florida.

VirtualCondoHoaExpo.com

 

New Coming Soon! Virtual Expos view them on our website

Register & Take part in Our Virtual Expos with our membership partners.

 


Become a Licensed Property Manager

Online Courses for Licensing can be completed while your at home.

This might be a great time to Take your online Testing and become a CAM

CAM License Courses and Board Members Certification in Florida

 

 

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Can dogs contract COVID-19?

Can dogs contract COVID-19?

  • Posted: Mar 26, 2020
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World Health Organization declared that the COVID-19 novel coronavirus is a global pandemic. In the panic over the spread of the virus, people are worried not only about their own health but the health of their dogs, cats, and other pets.

Can dogs contract COVID-19?

Dogs can contract certain types of coronaviruses, such as the canine respiratory coronavirus, but this specific novel coronavirus, aka COVID-19, is believed to not be a health threat to dogs.

The World Health Organization has stated, “There is no evidence that a dog, cat or any pet can transmit COVID-19. COVID-19 is mainly spread through droplets produced when an infected person coughs, sneezes, or speaks. To protect yourself, clean your hands frequently and thoroughly.”

Can dogs spread COVID-19?

Li Lanjuan, an epidemiologist and representative of China’s National Health Commission cautioned pet owners in China to be vigilant about their own health and the health of their pets: “If pets go out and have contact with an infected person, they have the chance to get infected. By then, pets need to be isolated. In addition to people, we should be careful with other mammals especially pets.”

The CDC says that “while this virus seems to have emerged from an animal source, it is now spreading from person-to-person.” The CDC recommends that people traveling to China avoid animals both live and dead, “but there is no reason to think that any animals or pets in the United States might be a source of infection with this novel coronavirus.”

Two dogs in Hong Kong whose owners tested positive for COVID-19 have tested positive for the virus in what health officials characterize as “likely to be a case of human-to-animal transmission.” Local government health officials emphasize that “there is currently no evidence that pet animals can be a source of infection of COVID-19 or that they become sick.”

Is it safe to pet my dog?

According to the American Veterinary Medical Association, petting a dog’s fur is a low risk. The AVMA’s Chief Veterinary Officer Gail Golab says, “We’re not overly concerned about people contracting COVID-19 through contact with dogs and cats.” And there’s science behind that: “The virus survives best on smooth surfaces, such as countertops and doorknobs,” Golab says. “Porous materials, such as pet fur, tend to absorb and trap pathogens, making it harder to contract them through touch.”

Dr. Jerry Klein, Chief Veterinary Officer for the AKC, says, “The CDC has not reported any cases of pets or other animals becoming infected with COVID-19 in the United States or anywhere else in the world, including hotbeds like Italy.” Dr. Klein urges common sense best practices when it comes to our pets: “If you have children, you wouldn’t have them touch a puppy and put their fingers in their mouth, because they can have fecal contamination,” he says. “The general practice of washing our hands after touching a puppy or a dog—that’s normal hygiene.”

Can I walk my dog?

Physical and mental exercise are extremely important for dogs and dog owners alike. Before taking a walk, check your local regulations. As long as the area where you reside remains safe enough to venture outside, dog owners feeling healthy and well should plan to continue walking their dogs daily, albeit with added safety measures. Observe any local ordinances concerning curfews, even if that means adjusting your dog walking schedule.

Owners should wash their hands thoroughly for at least 20 seconds before and after each walk. Consider carrying around a pocket-sized bottle of hand sanitizer during your walks. Practice social distancing measures by walking your dog in uncrowded areas when possible. If you live in a big city, make efforts to take your dog down less-heavily-trafficked blocks, or try adjusting walks to less busy times of day and night.

How can dog owners protect dogs from coronavirus?

For now, healthy pet owners in the U.S. don’t need to do anything other than follow basic hygienic precautions such as washing their hands with soap and water before and after contact with any animal, including dogs and cats. If you test positive for COVID-19 or have been exposed to the novel coronavirus, experts recommend that you should “restrict contact with [your] animals — both to avoid exposing the pets and to prevent getting the virus on their skin or fur, which might be passed on to another person who touches the animal.” To reduce the spread of all germs, you may consider wiping your pet’s paws when they come in and out of the house with a paw cleaner and paw wipes.

Dogs do not need a face mask to protect themselves against the novel coronavirus COVID-19. If you are still concerned or notice a change in your dog’s health, speak to a veterinarian. And the most important protection of all: Under no circumstances should owners abandon their dogs, cats, or other pets because of COVID-19 fears.

 

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The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

The Falcon Group: “We will continue to do our best and keep Clients informed of the decisions made internally in regards to this evolving situation”

  • Posted: Mar 17, 2020
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Good morning to our incredible clients, property managers and colleagues;

We all find ourselves in un-chartered waters, the likes of which none of us have ever seen with this virus. Please be assured that all of us at Falcon are monitoring the situation on an hourly basis with our senior leadership. We are continuing to operate and provide service to our clients in a safe and professional manner. Internal office measures are being taken on a regular basis to ensure our space is sanitized and are staff are safe.

Falcon is proud and motivated to continue our strong reputation of service and responsiveness for all construction projects as well as all of our other services. We have informed our project managers/staff that they should sit home at the first signs of any illness or if any of their family members become stricken with cold/ flu like symptoms, if their city of residence has been quarantined, or if their children/ family have been designated to stay home from work school due to a confirmed case of the virus at their respective work/schools in an attempt to limit the spread of this virus or any sickness.

At this time we are continuing to perform our services. Any needed meeting can be done via conference call, Go-To Meeting, Skype, Zoom or other formats any any convenient time, even weekends.

We are happy to work with you to modify any service in a comfortable manner until such time as we all return to normal.

We are confident that our great nation will get through this in, hopefully short order and come out stronger.  We must all work together, help each other as needed and continue to be the best we can be.  We sincerely thank you for the confidence that you have shown in us for the last 23 years and please know that we are motivated to keep your projects moving forward.

Please do not hesitate to reach out me personally or to any of our 100+ team members to assist you in any manner.  We will continue to do our best to keep you informed of the decisions made internally in regards to this evolving situation.

Thank you and be safe,

William Pyznar & Sinisa Kolar

 


 

The Falcon Group – Engineering Architecture Energy Consultants Specialists

Miami ph: 305.663.1970 x509  West Palm Beach ph: 561.290.0504

Valued Members of SFPMA   View their membership page!

An industry-leader providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 

 

 

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Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

Becker Suspends Community Association Classes in Florida, from now through April 30, 2020

  • Posted: Mar 12, 2020
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Becker has been closely monitoring the latest coronavirus (COVID-19) developments.

In the interest of the health and safety of our clients and colleagues, we have made a decision to suspend all Community Association classes from now through April 30.

For more information about COVID-19 (including what you can do to protect yourself and minimize risk in your community), please visit www.beckercovid19.com.

As always, we will keep you informed of any changes and updates.

We wish you safety in the days ahead.

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ATTENTION PASCO & PINELLAS COUNTY,  In light of COVID-19, We want to help our community.  Bay Area Pressure Cleaning, LLC would like to provide sanitizing of playground equipment at local day cares and schools.

ATTENTION PASCO & PINELLAS COUNTY,  In light of COVID-19, We want to help our community. Bay Area Pressure Cleaning, LLC would like to provide sanitizing of playground equipment at local day cares and schools.

  • Posted: Mar 12, 2020
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 ATTENTION PASCO & PINELLAS COUNTY 🛑 In light of COVID-19, We want to help our community.

We are so pleased to report this to our industry! Showing our members Care! Everyone is doing their part to mitigate this virus! Members of SFPMA

 

Bay Area Pressure Cleaning, LLC would like to provide sanitizing of playground equipment at local day cares and schools. It is safe and very effective.
In order to mitigate the impact of the virus, everyone has a role to play and we are prepared to do our part! If anyone has contacts for local day cares and or schools, please pass them our info.
WE WILL BE DONATING THIS SERVICE TO HELP OUR COMMUNITY AND KIDS!!

 

Bay Area Pressure Cleaning,LLC
(727)877-4222
www.bayareapressurecleaning.com

Members of SFPMA:

 


Bay Area Pressure Cleaning

727-877-4222

Bay Area Pressure Cleaning is owned and operated by Tyler; born and raised in the Tampa Bay Area. Bay Area Pressure Cleaning takes great pride in providing both Pasco and Pinellas counties residential and commercial clients with reliable and efficient services. 100% customer satisfaction guaranteed! Bay Area Pressure Cleaning is a full service power washing and exterior surface cleaning company that is family owned and operated, with a mission to provide Tampa Bay with outstanding pressure cleaning service experiences. Owner Tyler says “We take great pride in providing our clients with reliable and efficient exterior cleaning solutions and our customers satisfaction is our primary objective!”

 


 

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FLORIDA RISING MAGAZINE – March Edition 2020

FLORIDA RISING MAGAZINE – March Edition 2020

  • Posted: Mar 06, 2020
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FLORIDA RISING MAGAZINE – March 2020
Condo, HOA, Property Management Industry Magazine

This Interactive Magazine gives you the ability to learn more from each Article, Advertising Company and Member within. With a click on any ad or page you can learn more about the company.

 

Click on the Cover to Read or click the link

Direct link to the magazine
https://joom.ag/n5iC

 

 

 

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ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

ALERT: “Managing Your Residential Community & Common Housing Under the Threat of Covid-19”

  • Posted: Mar 05, 2020
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Managing Your Residential Community & Common Housing Under the Threat of Covid-19

by Donna DiMaggio Berger, Esq., Becker & Poliakoff

Managers are on the front lines of many challenging issues for private residential communities but managing a pandemic is uncharted territory for most. With the number of cases of Covid-19 increasing in Florida and the fact that Governor DeSantis has declared a State of Emergency, proactive community association management professionals are thinking about how this virus might impact their residential communities and what can be done to blunt the impact.

 

There is an increased risk of contracting Covid-19 for health care workers, individuals with respiratory and other underlying health issues, as well as the elderly.  Given the demographics in many shared ownership communities and particularly in “55 and Over” communities, managers should be prepared to contend with a fair amount of fear and confusion about the proper policies and protocols to follow to safeguard the community.

One of the first directives from a board may be to seal off the community as much as possible from outside exposure. The board may wish to limit guests, nonessential contractors and may even inquire as to whether or not residents who have traveled to high risk areas (China, South Korea, Iran or Italy) may be prevented from returning to the community.

Your first course of action is to calm some of the hysteria. If you think a directive sounds implausible, illegal or inadvisable, insist on contacting association counsel for a legal opinion regarding the proposed policy.

Overly restrictive protocol that unnecessarily impacts your residents’ freedoms and quality of life is not likely to withstand a potential legal challenge and also creates unnecessary strain in your community.  Prohibiting owners from having guests or undertaking renovation projects is not warranted at this time.

You can suggest that your members voluntarily reduce the number of guests they invite into the community but prohibiting guests altogether is not a viable option.  However, if your community’s governing documents prohibit short term rentals and you are aware that some owners are violating these restrictions under the guise of having non-paying guests when they are really renting out their units on platforms like Airbnb then working with counsel to curb this activity should be a priority. Limiting the amount of transient residents can reduce exposure.

It is also important to remember that not every private residential community will be impacted in the same way by the spread of Covid-19. In multifamily buildings where residents encounter each other frequently in the elevators, corridors and other common areas, the need to address preventative measures is much more pressing than in an HOA with single family homes and no enclosed common areas.

Draconian solutions to a problem often do more harm than good. There is no legal basis upon which you can prevent residents from returning to their homes. There is also no legal basis upon which you can deny a potential purchaser or potential renter who has recently traveled to a high-risk area.

Asking travel-related questions can have a chilling impact on the proposed transaction thereby exposing the association to a potential claim for interfering with a sale or lease.  Be sure to speak to association counsel before revising your application forms or asking intrusive questions during your interviews.

 

Since Governor De Santis has declared a state of emergency some boards may reasonably believe that the statutory emergency powers found in Chapters 718, 719 and 720 of the Florida Statutes have been activated. However, those powers were enacted to assist boards in dealing with post hurricane issues so applying them to a medical emergency would be a novel approach.

Don’t assume that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared; a legal opinion is needed before your board attempts to use any of the statutory emergency powers.

 

The board must continue to operate and administer the community’s affairs and holding regular meetings is a large part of that function.  Many boards regularly experience poor attendance at their meetings so there is little reason to be concerned about holding meetings unless you know that you have an active infection in your community. Boards that are concerned about having meetings can certainly use technology such as in-house cable channels or Skype to allow residents to view their meetings from the privacy of their homes.

 

If you wish to minimize the spread of Covid-19 or the flu, use all of your association’s communication channels (newsletter, email or text group, website, direct mail, and in-house cable channel) to remind your residents to wash their hands frequently. You may also wish to place hand sanitizer stations in high traffic areas in the community.  Advise your residents that if they are experiencing symptoms they should let you know and they should avoid using the recreational facilities such as the Clubhouse, pool and fitness room. Management professionals should follow suit and not report to work if they are feeling ill.

Let your residents know that if they are feeling ill or have any questions or concerns they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121. 

Lastly, make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.  Covid-19 is the latest in a long string of challenges that those of us who serve community boards experience. This too shall pass but in the interim, prudence and caution is warranted.

 

Donna DiMaggio Berger is a Shareholder in Becker’s Community Association Practice in Ft. Lauderdale, Florida. She is a member of the prestigious College of Community Association Lawyers (CCAL) and is one of only 190 attorneys statewide who is a Board Certified Specialist in Condominium and Planned Development Law. As Founder and Executive Director of Becker’s Community Association Leadership Lobby (CALL), Donna has led various community association advocacy initiatives, working with legislators and other public policymakers on behalf of those who live, serve, and work in common interest ownership communities.

Donna DiMaggio Berger
Shareholder / Ft. Lauderdale
954.364.6031
DBERGER@beckerlawyers.com

 

Again here are some tips for your community and you!

It is not too soon for condominium, cooperative and HOA boards to be discussing the issue of Covid-19 with their residents. We’ve already suggested to our CALL Members statewide that the following protocol may be helpful:

  • Urge residents who have frequent guests to limit or reduce guest usage for the near future.
  • If there is Airbnb and other short-term rental activity occurring in your community that violates your governing documents, work with association counsel to curb that activity.
  • Place hand sanitizer stations in high traffic areas in the community.
  • Speak to association counsel before engaging in conversations with potential purchasers or potential renters about Covid-19 and their possible travel-related exposure.
  • Speak to association counsel about the applicability of emergency powers now that Governor DeSantis has declared a State of Emergency in Florida. Don’t assume that this means that your board can utilize the same emergency powers that are activated in response to damage caused by an event for which a state of emergency is declared.
  • Make sure you have updated emergency contact information for all owners including any residents who may be particularly vulnerable.
  • Let your residents know that if they are feeling ill or have any questions or concerns that they can contact the Florida Department of Health’s 24-hour hotline that can be reached at ‪1-866-779-6121.

 

 

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