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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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Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

Vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

  • Posted: Mar 03, 2020
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The long-running dispute over vacation rentals has pitted local government officials against advertising platforms, such as Airbnb, in what has been one of the most intensely waged legislative battles.

The plan under consideration this year would require online platforms to collect and remit taxes on the properties that advertise on their sites. The platforms would have to ensure that only properly licensed rentals are advertised and provide the state with specific information about the rentals.

In exchange, regulation would be “preempted” to the state, largely preventing local governments from regulating vacation rentals. Local governments could only regulate the rentals in the same way as other properties in neighborhoods, a restriction that cities and counties strenuously oppose.

Florida law already bans local governments from passing ordinances to outlaw vacation rentals.

Sen. Wilton Simpson, who will take over as Senate president later this year, worked behind the scenes to forge a proposal that garnered support from the advertising platforms, the Florida Realtors and even the Florida Restaurant & Lodging Association, which in the past has strenuously resisted similar measures.

“Next year. That’s what they make next year for,” Simpson, R-Trilby, told The News Service of Florida when asked Monday evening about the measure’s prospects.

Airbnb Florida Policy Director Tom Martinelli said the platform remains hopeful that the issue “will be addressed legislatively to provide the vacation rental industry with uniformity and much-needed stability.”

“We remain hopeful this bill will move through the process to provide the much-needed relief to Florida’s vacation rental property owners and surrounding industry,” Martinelli said in a prepared statement.

 

Vacation rentals have sparked backlash from some homeowners, who complain about raucous parties, parking issues and a steady stream of strangers in neighborhoods. Many of the objections come from coastal regions of the state. Cities and counties also remain firmly opposed to the House and Senate bills.

And Gov. Ron DeSantis has indicated he was not keen on the measure, saying recently he was “leaning against” the legislation.

Diaz pointed to amendments offered by senators Monday that were “counter or interfering with some of the stuff that we’re trying to do.”

 

Tallahassee, FL – A controversial measure dealing with vacation rental properties appears doomed, as time runs out in the 2020 legislative session.

The Senate Rules Committee was scheduled to hear the bill (SB 1128) Monday, but bill sponsor Manny Diaz Jr., R-Hialeah, said the measure was postponed because he lacked the support necessary to get it out of the committee.

The Rules Committee is not scheduled to meet again before the session ends March 13, and even if it does, it appears unlikely that Diaz’s proposal will be on the agenda.

“This is an incredibly complex bill that obviously had been tried for years, and you can see that every stop we’ve made massive changes. We’re still not there with the changes that … we needed to have enough votes. So we’re still working to make sure that all senators are satisfied with that bill,” he said.

Sen. David Simmons, R-Altamonte Springs, sponsored amendments that would have effectively gutted the bill.

“So, it became incredibly convoluted. That’s why we’re holding on to it for now, to try to see if we can work that out,” Diaz said.

Diaz had planned to amend his bill to bring it in line with a House proposal (HB 1011) that is awaiting a House floor vote.

DeSantis told reporters Feb. 24 he had not made up his mind but expressed strong reservations about the effort.

“We have 22 million people almost. We are a very diverse state. For us to be micromanaging vacation rentals, I am not sure that is the right thing to do,” DeSantis said.

“These are things where you’ll have kind of a quiet neighborhood,” DeSantis continued. “Then you will have someone doing this, and there are parties going on and some of the residents get upset. My view would be, probably, that should be determined locally.”

Opponents of the measure had repeatedly complained about “party houses” that wreak havoc in single-family neighborhoods.

But Diaz said he wants to address those concerns.

“Right now, it’s just regroup, have conversations with the stakeholders (and) the senators involved and try to see where we’re at,” he said.

 

 

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O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

O&S Engineers & Architects, performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program.

  • Posted: Feb 27, 2020
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O&S Engineers & Architects

Members of SFPMA: Find out more how we can help with your Florida buildings,  O&S Engineers & Architects 

 

O&S Engineers & Architects is a multi-discipline engineering and architectural consulting firm specializing in the assessment, design and restoration of high-rise communities, commercial buildings and parking garages. 

Since 1996, our staff of licensed professionals have consistently and successfully produced positive results on numerous projects ranging from small properties to large developments. O&S has an impressive portfolio in numerous markets. 

 

O&S provides:

  • 40/50 Year Recertification
  • Architectural Design
  • Structural & Civil Engineering
  • Mechanical, Electrical & Plumbing Engineering & Design
  • Capital Reserve Studies & Turnover Reports
  • Concrete Restoration
  • Building Envelope Design & Restoration
  • Balcony & Deck Restoration
  • Storm Damage Assessments & Inspections
  • Parking Garage Design & Restoration

For more information please follow us on social media or visit our website.

 

West Point Military Academy required a comprehensive structural assessment and exterior envelope renovation of the following buildings: Building 639, Water Treatment Plant, Scott Barracks, Eisenhower Barracks, The Fire House, and the Library Building. O&S Associates performed inspections and structural evaluation of the building’s exterior façade, roofs, and developed a repair program. O&S prepared repair drawings and technical specifications and made periodic observations of construction as part of construction management services.

The restoration of the buildings’ repairs was comprised of replacing the existing roofing with new cold-applied, built-up roofing, renovation of all exterior brick and stone façade elements, reconstruction of cracked and bulged brick masonry parapet wall, replacement of cracked and spalled brick masonry, removal and reinstallation of coping stones with new cap flashing, tuck pointing of brick and stone masonry, and installation of new windows, window sealants, and application of new surface sealer for the entire façade. Total cost of restoration was $14.2 million. O&S was selected to study the exterior envelope of several buildings at the West Point Military Academy and develop a repair program for a multi-year renovation project.

The existing roofing system at each building was deteriorated and leaking in multiple areas. All six buildings required a new roofing system. The total size of the roofs was approximately 800,000 square feet. The existing brick façade of building 639 needed extensive reconstruction. The water treatment plant, Eisenhower barracks, Scott barracks, and library building had ornate stone facade, cornices, and copings stones that needed careful design and construction.

 

Firehouse Building: The firehouse consists of a single-story, four-vehicle garage; a two-story center portion; and a single-story portion located to the left of the two-story portion. The garage portion and the single-story portion has a flat roof, and the two-story portion has a hip roof with roofing tiles (asbestos tiles). O&S provided the following repair program:

  • Replacement of flat roof
  • Removal and disposal of existing asbestos tiles at the two-story portion (asbestos abatement) and installation of new roofing shingles
  • Removal and reinstallation of precast coping stones with lead-coated copper cap flashing
  • Replacement of corroded lintels
  • Rebuilding of cracked corners
  • Tuckpointing of deteriorated mortar joints
  • Pressure wash clean and apply waterproof coating on inside face of parapet walls
  • Pressure wash clean brick facia and coping stones and apply water-repellent surface sealer
  • Remove joint deteriorated joint sealants and install mortar joints
  • Repairs were approximately $170,000

 

Building 639: Building 639 is an L-shaped building with five roof setbacks. The original building was built in 1937. O&S provided the following repair program:

  • Reconstruction of three corners with proper through-wall flashings and cap flashings
  • Existing limestone copings removed, saved, cleaned and reinstalled
  • Reconstruction of all other corners to introduce proper expansion joints at corners
  • Removal of about five courses of face brick or removal of limestone facia and reinstallation of the same after steel repairs
  • Replacement of deteriorated and/or spalled brick masonry as required
  • Introduction of two new vertical expansion joints on the North and South Building Elevations
  • Tuck-pointing of deteriorated mortar joints
  • Cleaning, sealing, and pointing of existing limestone copings
  • Cleaning by pressure washing and sealing the exterior brick masonry with clear penetrating water repellent sealer
  • Repairs were approximately $440,000

 

Wastewater Treatment Plant: The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided the following repair program:

  • Removal of all existing roofing and installation of new roofing
  • Removal of all coping stones, installation of new lead coated copper cap flashing, and termination of the roofing flashing underneath the cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of sealants from the perimeter of all windows, doors, joints and openings and installing new sealants
  • Removal of delaminated concrete from walls and repair using polymer-modified mortar
  • Tuckpointing of cracked, deteriorated, and open wall joints
  • Repair of cracked corners of stone headers, sills, and stone trims around doors, windows, and openings
  • Replacement of rotted wood planking with new pressure treated plywood for roofing planks in Building B
  • Replacement of rotted wood beams with new beams in Building B
  • Repairs were approximately $570,000

 

Scott Barracks: The Scott Barracks consists of a main roof, approximately 166’ long by 46’ wide with three small high roofs. The rear parapet wall is 4’ high and the front and all other parapet walls are 7’ high. All walls are built with exterior stone facing and interior brick facing and with precast coping stones. O&S provided the following repair program:

  • Removal of precast coping stones, installing cap flashing, and reinstallation of the coping stones with new anchors
  • Removal of all sealants in mortar joints from the inside face of the brick walls and tuckpointing the brick facia as needed
  • Repair of precast stones that are chipped using repair mortars that match the stone
  • Repairs were approximately $245,000

 

Project Data:

O&S Associates was responsible for A/E Design, Construction Management, and Construction Administration on this 5-year Design/Build IDIQ at the United States Military Academy at West Point. The five-year contract included work at restoration work at multiple buildings around the campus. Most buildings were historic structures. The campus repairs included roof restoration, roof replacement, exterior wall restoration, asbestos abatement, waterproofing, and other related services. O&S also provided Construction Inspection services for the Waste Water Treatment Plant, the Library, the Firehouse, several barracks, and some educational buildings. Each set of buildings had different issues related to water infiltration. As part of the Design/Build team, O&S was responsible for ensuring the cost, quality, and schedule for the project.

 

Special Features:

O&S provided construction inspection services for multiple historic buildings at West Point Military Academy. Building 639 is an “L” shaped building with five roof setbacks. The original building was built in 1937. O&S provided a comprehensive repair program that included the introduction of two new vertical expansion joints on the North and South Building Elevations. The original water filtration facility was constructed in 1931. Several building additions have been made over the years in 1936, 1944, and 1945. O&S provided a complete replacement of the entire roofing system. O&S also provided services for other buildings at the West Point Military Academy Campus including the Library, Holleder Hall, Old Chapel Building, and the Eisenhower Barracks.

 

Owner:

United States Military Academy at West Point
Construction Cost: $14.2 million

 

 

 

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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

  • Posted: Feb 21, 2020
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Leigh Katzman’s Law Firm,  providing Statewide Educational to Board Members and Community Association Managers (CAM’s) across the state of Florida

Most of you reading this already know the names Bill and Susan Raphan and the mark they made on the Florida Condominium Ombudsman’s Office during their 7-year tenure.

For those of you who don’t know about this dynamic couple, here is their story. When Florida’s first Condominium Ombudsman, Virgil Rizzo, was appointed back in 2004, there was no money to staff the local South Florida Office. Bill and Susan were his first volunteers. They had been having problems in their own condominium and wanted to help others in similar situations. They worked for seven (7) months as volunteers, often returning calls from over a hundred people a day asking for help with their association-related issues, before the money was found in the State budget to finally pay them.

During their seven years with the Condominium Ombudsman’s Office they spoke with thousands of association members, directors, association managers, attorneys and legislators about the common and not-so-common issues that crop up when people live in close quarters and decisions are made by an elected body.

While some of the problems they confronted were not within their authority to address, others were successfully resolved as a result of their intervention. A patient set of ears, knowledge regarding the Statutes, Administrative Code and practices of the DBPR along with common sense and a dash of humor often helped put both Board Members and Owners with complaints on the right path. Was every problem solved? Absolutely not. Were many problems that could have resulted in time consuming and costly litigation successfully defused? Absolutely yes.

Bill and Susan had run a successful catering business for many years and, as a result, applied many of those same business principles to organizing the Ombudsman’s Office in an efficient manner especially given the shoestring budget under which they were forced to operate. They began an extensive education program at Broward and Palm Beach College as well as in Community Centers and Condominiums throughout the State. They facilitated the appointment of election monitors for approximately 90 condominium elections per year and educated almost 6,000 people in just their last year at the Condominium Ombudsman’s Office!

In 2011 they made the leap of faith and decided to join Leigh Katzman’s Law Firm as its Statewide Educational Facilitators. Today, the Raphans have been widely recognized for their role in providing Board Members and Community Association Managers (CAM’s) across the state of Florida with the highest-quality educational seminars for certification and continuing education credits. Bill and Susan were also featured in a front page article in the Wall Street Journal and have appeared on many TV and radio programs.

We are thrilled to have Bill and Susan as part of our team at Katzman Chandler and would urge you to experience one of their enjoyable and interactive educational classes for yourself.

For those of you wishing to contact Bill and Susan Raphan, you can reach them on their TOLL FREE HOTLINE @ 855-827-5542 or by email at WSRaphan@KatzmanChandler.com.

 

MEMBERS OF SFPMA: FIND COURSES FOR BOARD MEMBERS, MANAGEMENT COMPANIES ON OUR MONTHLY CALENDAR

NEW EVENTS ARE ADDED MARK YOUR CALENDARS FOR MARCH

 

 

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Central Florida Water Initiative Water Conservation Projects

Central Florida Water Initiative Water Conservation Projects

  • Posted: Feb 17, 2020
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CFWI

 

APPLY NOW FOR COST-SHARE FUNDING:

Central Florida Water Initiative Water Conservation Projects

Applications are now being accepted for a cost-share funding program to support the implementation of water conservation projects within the Central Florida Water Initiative (CFWI). This is part of the State of Florida’s efforts to identify and implement cost-effective strategies to protect the state’s water resources while meeting Florida’s water needs. Partnering with local governments and other large water users (such as agricultural, commercial, industrial, homeowner associations, and large landscape irrigation) to reduce water demands through implementation of water conservation projects is an important and effective way to help accomplish this goal.

In 2019, Governor DeSantis and the Florida Legislature approved statewide funding to develop water resource and water supply projects. Applications are now being accepted on behalf of the Florida Department of Environmental Protection for funding consideration for water conservation projects within the CFWI Planning Area (which includes all of Orange, Osceola, Seminole, and Polk counties and southern Lake County). The CFWI is a joint planning effort where the South Florida, St. Johns River, and Southwest Florida water management districts are working collaboratively with other agencies and stakeholders to implement effective water supply and water resource planning.

Eligible projects for consideration should be ready to implement water conservation technology programs that provide the most immediate and cost-effective benefits. Projects may be eligible for up to 50 percent cost-share reimbursement. The application process opens February 17, 2020 and closes March 27, 2020 at 5 p.m. To apply, click here.

For the latest information and details, visit sfwmd.gov/coopfunding. For assistance with the application process, applicants may contact any of the following District staff:

SFPMA.COM is Pleased to help with the Water Initiative Conservation Projects in our State. ( https://sfpma.com )

 

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There are a lot more reasons to own a golf car, than just golf!

There are a lot more reasons to own a golf car, than just golf!

  • Posted: Feb 10, 2020
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Have you been going back and forth on whether you should buy a golf car? There are a lot more reasons to own one than just golf. Add a few of these reasons to your pro list!

  1. Getting around the neighborhood – Is your child’s bus stop not around the corner? Use the golf car to take them to and from. Plus add on an enclosure to keep everyone dry on those rainy mornings! Do you have a large neighborhood? Decorate your car for Halloween and take it around trick or treating! Plus use the car to get to the neighborhood clubhouse or pool. Maybe even up to the corner store.

2. Large Property – Do you love to garden but hate lugging the bags of soil or plant food out to your garden? There are utility cars such as the Yamaha Umax built just for that! If you have animals it is also great to carry food and supplies out to their enclosures. With a utility bed and easy unlock for dumping this utility car has it all!

3. Recreation – Do you love to go camping or fishing? A golf car is a great outdoors vehicle. There are even ones built for this such as the Yamaha UMAX Rally 2+2. This allows you to drive through any terrain while getting around your campsite or fishing spot.

4. Affordability – Golf cars are an affordable option compared to a car. An electric vehicle can be way more than the average budget allows but an electric golf car can be as low as $3,000 used. Golf cars come in both gas and electric and offer the flexibility of low gas consumption.

5. Work Vehicles – Do you own a company that could use the flexibility of a golf car? Do you work for an apartment or condo association where maintenance equipment needs to be transported? Does your work complex spread a large distance and having a golf cart to go between departments would save time and therefore money? All of these are great reasons for businesses to use golf cars!

6. Storage – Golf cars take up so little space you can easily store them in the garage or a storage shed. You can even keep them on a patio if needed. They are also easy to transport due to their size. A 5′ x 7′ trailer will easily transport one wherever you need it.

Last but not least golf cars are fun! You can customize them for what you want and need. Including decorating them for parades and holidays!

If you’re in the market and have any questions please contact us. We sell new and used Yamaha products to view our current inventory please visit our website. If there is anything you like but do not currently see it in our stock feel free to reach out and we can get you a quote!

The Golf Car Connection

  954-946-8008

Looking for a new or used Golf Cart? Look no further! Golf Car Connection makes it easy to find new and used golf cars for sale.

 

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FLORIDA RISING MAGAZINE – FEB 2020

FLORIDA RISING MAGAZINE – FEB 2020

FLORIDA RISING MAGAZINE – FEB 2020
Condo, HOA, Property Management Industry Magazine

https://joom.ag/c9fe

This Interactive Magazine gives you the ability to learn how each, Author of Articles, Advertising Companies and Members within can help you,

with a click on any ad or page you can learn more about the companies.

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HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
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HonestESA INITIATIVE STARTS NOW!

As previously reported by CALL, two bills are making their way through committee in the Florida House and Senate. House Bill 209, sponsored by Representative Killebrew and Senate Bill 1084 sponsored by Senator Diaz, aim to protect disabled Floridians and curb some abuses related to emotional support animals (“ESAs”). Growing frustration over perceived illegitimate ESA requests unites Florida community associations. Fraudulent ESA requests harm not only community associations by forcing them to spend limited resources and precious time evaluating sometimes blatantly fraudulent documentation but also harm persons with a legitimate disability-related need for an ESA. Click here to read the bills.
 
 
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A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

  • Posted: Feb 03, 2020
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Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

By Eric Glazer, Esq. 

Published February 3, 2020

Two weeks ago, I wrote to you about House Bill 623 that is making its way through The Florida Legislature.  Another change to the law currently included in the bill is the following language:

718.112 Bylaws.—

(1) GENERALLY.—

(c) Any provision of the declaration, the association bylaws, or reasonable rules or regulations of the association which diminish or infringe upon any right protected under the Fourteenth Amendment to the United States Constitution or Art. I of the State Constitution is void and unenforceable without further action of the association. The association may record a notice in the public records of the county in which the condominium is located evidencing its intention to not enforce such provision. The failure of the association to record a notice in the public record may not be the basis for liability or evidence of discrimination or a discriminatory intention.

To simplify, the 14th Amendment made The Bill of Rights (The first ten amendments to the Constitution) applicable to the states.  So this law basically says no provision of your governing documents can infringe upon the rights you have under the Bill of Rights.  All of you know several of these rights such as the right to free speech, freedom of assembly, and freedom of religion.

There is plenty of law out there that says when you move into an association, you may give up some of the rights you may ordinarily have in your private home. You do this by agreeing to be bound by the governing documents.   For example, courts have upheld the rights of Florida associations to prevent the use of the common elements for religious purposes, allowed associations to impose reasonable restrictions on speech through time limitations at meetings, impose restrictions on placement of political signs on the property or even placement of religious symbols in excess of certain sizes on your windows and doors.

The adoption of this proposed amendment by The Florida Legislature may throw all of these restrictions into doubt, including another one I haven’t mentioned yet.  The Second Amendment is the right to bear arms.  Inasmuch as Florida law allows associations to prohibit alcohol use on the common elements and prohibit religious ceremonies on the common elements I always opined that the association had the right to ban weapons on the common elements via a rule. If this proposed amendment passes, no way would an association be allowed to ban guns from the common areas.

I have serious concerns that if this amendment passes, associations will potentially be embroiled in case after case, where the association attempted to impose all of the reasonable restrictions mentioned above, and unit owners taking the position that the association is prohibited from doing so because it violates their constitutional rights.  Until now, you couldn’t sue an association for a violation of these rights inasmuch as the action by the association did not constitute “state action.”  This new statute changes all that if it passes and will open a Pandora’s box and flood of litigation between associations and their owners.

If you are a believer that associations are notorious for not providing their owners with rights guaranteed by the U.S. Constitution, this new proposed law may not bother you.  If on the other hand you believe that the association should still be able to impose reasonable restrictions in order for all of us to live in harmony with each other, this new law should bother you.  A LOT.

 

 

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Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

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NEWS: Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C (Effency Publishing)

Stop and Take a Look when you see the FLORIDA RISING MAGAZINE IN A FEW DAYS.

We are the new marketing company for the magazine, Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE – Is one of 18 magazines we publish for other companies and some associations.

FRM has over 118,000 Emails in their Database and over 47,300.00 Paid Subscriptions to date. We will send this publication all over Florida and it even gets sent to property condo owners living up in the northern states.

Thank You for reading the FRM sponsored by THE STATE OF FLORIDA PROPERTY MANAGEMENT ASSOCIATION

The Publishing will still be handled by SFPMA, Noting will change. Only Graphic Design and Promotions will be at a different level.

We wish to take our publication to the next level so bringing in your agency will be a great help to our Members, Advertisers and our Industry. ~Frank J Mari / Executive Director

Effency Publishing is happy to be working with SFPMA.
https://sfpma.com/florida-rising/

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