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. 

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

NEW CEU REQUIREMENTS FOR LICENSED COMMUNITY ASSOCIATION MANAGERS

 

Effective August  2019, the Regulatory Council of Community Association Managers changed the requirements for continuing education for license renewal. The number of hours required have been reduced from 20 to 15 hours each license period. The new requirements are:

 

  1. All community association manager licensees must satisfactorily complete a minimum of 15 hours of continuing education per biennial renewal cycle. No license shall be renewed unless the licensee has completed the required continuing education.
  2. Only continuing education courses approved by the Council shall be valid for purposes of licensee renewal.
  3. The required 15 hours of continuing education shall be comprised of courses approved pursuant to Rule 61E14-4.003, F.A.C., in the following areas:

(a) Three-hours of legal update seminars. The legal update seminars shall consist of instruction regarding changes to Chapters 455, 468, Part VIII, 617, 718, 719, 720, and 721, F.S., and other legislation, case law, and regulations impacting community association management. Licensees shall not be awarded continuing education credit for completing the same legal update seminar more than once even if the seminars were taken during different years.

(b) Three-hours of instruction on insurance and financial management topics relating to community association management.

(c) Three-hours of instruction on the operation of the community association’s physical property.

(d) Three-hours of instruction on human resources topics relating to community association management. Human resources topics include, but are not limited to, disaster preparedness, employee relations, and communications skills for effectively dealing with residents and vendors.

Three-hours of additional instruction in any area described in paragraph (3) (b), (c) or (d) of this rule or in  any course or courses directly related to the management or administration of community associations.

 

By KBR Legal  Rembaum Association Roundup

 

Tags: , , ,
Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
  • By:
  • Comments: Comments Off on Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

The Foreclosure Process and How HOAs Recover Money

In a condo or HOA the normal method to collect delinquent maintenance fees is to send an owner to the attorney. The attorney will then move the process through the courts. This means foreclosure for delinquent maintenance fees. The object is to foreclose and take “intervening title” on properties.

It’s “intervening title” because in most cases the unit still has a mortgage. Soon enough the lender is coming for their collateral. The association can hold title but they cannot sell the unit as it may have a debt attached to it. With luck the association can get this title without too much expense and rent out the unit. That is the only way the association can recover money if somebody does not bid the unit when it goes for sale.

The association foreclosure worked in the past but now it is becoming obsolete.

The rental revenue may cover losses for maintenance fees. It may also cover the rehabilitation of the unit, commissions and marketing of the unit to a renter. There are also the legal costs & fees that the association spent to get the title.

With luck the association can hold on to this unit long enough to recover their money. Its a hard way to recover delinquent maintenance fees. It is also an obsolete maneuver to foreclose to recover money.

This is how it has always been, especially during the real estate meltdown of the last decade. Now, the times they are a changing.

 

New Law Proposed in FL Removes Ability for Associations to Collect Rents

In Florida, an amendment to Florida Statute § 697.07 has been proposed. This new law will entitle banks to step in and take those rents. In essence this completely neutralizes the benefit of foreclosure for community associations.

Delinquent maintenance fees, legal costs, late fees, late interest will remain a loss. Only the lender will benefit when an association forecloses. In other words there will be no good reason for a community association to foreclose on a unit. They will not be able to monetize it should they prevail in court.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

 

 

New Law Proposed in SC Removes Foreclosure as an Option for HOAs

In South Carolina a bill pre-filed this month would prohibit HOAs from foreclosing at all. This bill would strip this power from associations. “Real property used as a primary residence may not be sold if the action was instituted by a homeowners association attempting to collect unpaid dues, fee, or fines”, the proposed bill states.

These are not isolated events but a trend. Banks may be slow learners but they will always make decisions that will benefit their bottom line in the end.

Association foreclosures are likely to become less common nationwide. This is a good thing! Community associations and their attorneys have long abused this power. Small debts get inflated with legal fees, and the case gets moved to foreclosure. Ultimately this does little to benefit the association.

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

 

The Real Estate Meltdown is Over, But We’re Acting Like It’s Still Going On

People are fallible and don’t always manage their financial affairs well. Such people need a wake up call, NOT their home confiscated.

In 2009, during the height of the real estate meltdown, many properties did not have equity. Originally purchased by “Flippers and investors,” many were simply abandoned. Banks were stalling foreclosure and these properties were sitting there rotting. In those times it made good sense for the association to rush to the courthouse and foreclose on delinquent units.

Today most homes have equity and are appreciating in value. It’s unlikely the current owners would let the property be taken from them if they can avoid it. If equity outweighs the debt it would be foolish to lose a property. Most units delinquent in their maintenance payments will pay without legal intervention.

 

A Viable Alternative to Foreclosure Is Available for Smart Community Associations

Eliminating foreclosures will limit community association’s power to collect delinquent assessments. Fortunately, there are other alternatives to recovering delinquent maintenance fees.

Retaining a collection agency that specializes in community association debt is becoming an increasingly popular option.

Many collection agencies work on a contingency basis, while Lawyers get paid regardless of the outcome of the cases they take. This means collection agencies are much more motivated to seek a timely resolution.

 

Less Negative Impact on Community Members

Strategies employed by debt collectors have a much lower impact on your community. With a strategy of engagement and education, these agencies are looking to resolve issues and improve communications within the community. This is done with the use of proper notifications, outbound calls, credit bureau reporting, letters sent to mortgage holders, placing of liens, and other techniques.

Frankly, association foreclosure on delinquent owners is obsolete. Even without the change in the laws this method to collect on delinquencies needs to be reconsidered.

It’s time for management companies and boards of directors to think how the future collects and engage specialized collection companies to collect delinquent condo and HOA debts.

 

 

Tags: ,
Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

  • Posted: Jan 10, 2020
  • By:
  • Comments: Comments Off on Axela Technologies Welcomes New President of Business Development After 600% Growth in 2019…

Axela Technologies Inc, a specialized collections company servicing Community Associations, announced today the promotion of longtime industry expert Mitch Drimmer to President of Business Development. The appointment comes as the company exceeded 600% growth in 2019 under Drimmer’s leadership.

Axela Technologies, a specialized collections firm servicing the community association industry, has promoted Mitchell Drimmer to President of Business Development. This promotion was precipitated by strong growth in Axela’s collections division in 2019. In his new role, Drimmer will spearhead the formation of a national sales team as the company continues to enter new markets.

In his prior role as VP of Business Development, Drimmer worked with community associations and their management companies to introduce innovative strategies to collect delinquent maintenance fees. Under Drimmer’s watch in 2019, the company expanded operations, and grew its’ client base by over 600%. He has traveled nationwide, speaking at industry events and educating community association managers about the most effective ways to address the ever-present issue of delinquencies, solidifying his position as a thought-leader within the industry.

“Mitch has done a fantastic job getting the word out that there is a new and better way to recover delinquent fees,” says Martin Urruela, CEO of Axela. “He is committed to helping community associations and their managers adopt new technologies to better run their communities and businesses. Above all, Mitch is a fantastic communicator and teacher, and cares deeply about the success and well-being of the communities that we serve”.

Axela believes that legal action and foreclosure should be the measure of last resort when addressing association delinquencies. Through proprietary technologies that automate and streamline the process, Axela customers can escalate a unit to collections easier than ever to start seeing results immediately.

“In the United States, we have over 73 million people living in associations paying almost $100bn in annual assessments. A large percentage of which goes uncollected due to simple process inefficiencies,” states Drimmer. “Our mission at Axela is to ease the burden on managers and boards with the best collection solutions available in the market. It works; as evidenced by the fact that less than 5% of our collection files move to foreclosure. And did I mention we’ve never lost a customer?” quips Drimmer.

Drimmer has worked for Axela Technologies since early 2018, joining the company as the first business development executive. He earned a Bachelor of Arts in History from Hunter College in New York City, and has worked in the community association collections space since 2007.

 

Tags: , , ,
Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use

Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use

Please take the time to review the information provided in Florida Statute 316.2122 which governs Low Speed Vehicle use and provides certain restrictions. A few of the most important are:

1. Low speed vehicles can only be operated on roadways with a speed limit of 35 MPH or less.

2. Low speed vehicles must be registered (Tag) and insured as with any motor vehicle.

3. To operate a low speed vehicle, you must have a valid drivers license in your possession.

4. Low speed vehicles must be equipped with all safety equipment such as, headlights, tail lights, seat-belts. mirrors etc..

5. Low speed vehicles are subject to all traffic regulations as provided by Florida Statutes and must be registered and insured.

**REMINDER** “Unregistered” golf-carts traveling anywhere within the City is never permitted except when traveling to and from a nearby golf course on a municipal street authorized by the governing municipality and as provided for in Florida Statute 316.2122.

 


If you are looking for a Golf Cart Members of SFPMA is where you should be looking –  GOLF CAR CONNECTION

Golf Car Connection

 

The Golf Car Connection is an authorized Yamaha Golf Cart and Motrec industrial vehicle dealer.

We offer Yamaha, Motrec, and other popular golf cart brands including Club Car and EZ-GO for sale, lease, and export since 1981.

Call our office for a  quote:  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.

Browse our complete inventory of new and used golf carts.  Contact Us to request a price quote.

 

 


 

Tags: , , , ,
Starting January 1, 2020, officers will start to issue citations….Florida texting law

Starting January 1, 2020, officers will start to issue citations….Florida texting law

Be prepared, Florida friends! While the new  took effect on July 1, 2019, law enforcement has only been issuing warnings. However, starting January 1, 2020, officers will start to issue citations. Check out our blog post for further details about the law.

New Florida Texting Law Effective July 1, 2019

By Ana Cristina Rossi, Esq.

Put your phone down while driving! We all know how dangerous it is to text while driving and the Florida legislature has done something about it. Florida joins 43 other states which allow law enforcement to pull over drivers for texting while driving.

The new law, which was signed by Gov. Ron DeSantis on May 17, 2019, went into effect on July 1, 2019. In explaining his support for the bill, Gov. DeSantis stated that Florida had almost 50,000 motor vehicle accidents in 2016 which were caused by distracted driving and 233 of these accidents resulted in fatalities.

Here Are Answers To Questions People Have About The New Law: Republished with permission from Cohen Law Group

How does this new law change the prior law on texting while driving?

The new law now makes texting while driving a primary offense, meaning that law enforcement can pull you over if they suspect that you are texting on your phone while operating a vehicle. Previously, texting while driving was a secondary offense, meaning that a driver could only be cited for texting while driving if they were pulled over for another offense.

 

What’s the penalty?

For a first offense, the fine is $30 and for a second offense, the fine is $60. You will also be responsible for paying court costs.

A first offense will be treated as a non-moving violation; a second offense will add 3 points on your license.

 

Can you use your phone while you are stopped at a traffic light?

Yes, the new law permits drivers to use their phones in a motor vehicle which is stationary.

 

Can law enforcement confiscate your phone if they see you texting while driving?

No, law enforcement are trained to detect the signs of texting while driving and are not permitted to confiscate or otherwise access your phone without a warrant.

While the law took effect on July 1, 2019, law enforcement will only be issuing warnings until January; after that, officers will start to issue citations.

Ana Cristina Rossi, Esq.

Learn more about Ana Cristina here!

Tags: ,
Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

  • Posted: Dec 30, 2019
  • By:
  • Comments: Comments Off on Community Associations Threatened With Website Litigation Under the ADA

Community Associations Threatened With Website Litigation Under the ADA

In the last few months, a growing number of community associations across Florida are being threatened with litigation because their websites are allegedly not friendly to visually impaired users.

  • So what does pizza have to do with a community association website?

Frankly, not a darn thing. It appears that the lawyers and firms threatening these specious lawsuits are conveniently conflating the obligations found under Title III of the ADA for places of public accommodation with the different set of obligations found in the Fair Housing Amendments Act (FHA) for housing providers.

Or, these lawyers are simply trying to avoid application of the ADA altogether since most private residential communities are not considered places of public accommodation. The ADA requires that every owner, lessor or operator of a “place of public accommodation” provides equal access to users who meet ADA standards for disability.

These lawsuits are attempting to apply the ADA standards for websites to housing providers impacted by the FHA.

These threatened website lawsuits are uniform in style (mostly forms sent in mass) and generally allege that a “tester” was unable to navigate an association’s website, resulting in a discriminatory impact on those who are visually impaired.

The suits allege that community association websites were not accessible to visually impaired persons thus violating the FHA. Community associations are considered housing providers under the FHA and, as such, must make reasonable accommodations for residents and guests with verifiable disabilities.

This is true in the realm of service and support animal requests and these new website lawsuits attempt to expand that obligation to include visually impaired visitors to an association website. It is curious that these testers did not reach out first and request that the allegedly deficient websites be modified for a visually impaired person to more easily navigate the site. Instead, demands are being summarily sent to community associations statewide who have websites in an attempt to reach a quick settlement.

The demand letters offer a conditional release for payment of “reasonable attorney fees” because the attorney sending the letter claims the firm is entitled to compensation for work completed to investigate, research and determine the community association’s noncompliance.

Of course one cottage industry begets another. In addition to a handful of law firms who believe they can generate some revenue with these tester lawsuits, we now also have a number of companies advising communities that they can make their websites compliant for fees ranging anywhere from $2,000-$5,000 and annual hosting around $300-$1,000 per year.

In actuality, the cost depends on the content and functionality of the website including the number of features that must be optimized for the visually impaired. There are also some solutions that are free depending on the website platform.

Many of the demands and threatened lawsuits appear to lack any merit and seem to be merely an attempt to obtain a quick settlement payment from community associations or their insurers.

Many of the communities who have been threatened have website features that are password-protected, are accessible only to owners, or don’t have the features that are the subject of the complaint, so the allegations appear to be specious.

While we can debate the merits of these tester lawsuits and even seek legislative clarification in the upcoming 2020 Legislative Session, in the interim, associations with websites need to speak with experienced counsel to confirm whether or not their association’s website must have the necessary software for disabled users.

This confirmation is particularly important if your community uses its website to list properties for sale or lease. As for the attorneys who have decided to send out these blanket demands without the benefit of further investigation, let’s hope they have a change of heart when associations push back.

Donna DiMaggio Berger is a board certified specialist in condominium and planned development law, a shareholder at Becker Law and the executive director of the Community Association Leadership Lobby.

 

 

Tags: , , , ,
Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

  • Posted: Dec 17, 2019
  • By:
  • Comments: Comments Off on Accidents do happen even on the Holiday, If You Have Been Injured in a Slip and Fall Accident…..

If You Have Been Injured in a Slip and Fall Accident
Follow These 7 Important Steps

Find us on the Members Directory on SFPMA – The Maus Law Firm

1) Seek Medical Attention

This is your first step. Always to seek medical attention to ensure your injuries are documented. Schedule a Fort Lauderdale slip and fall attorney consultation as soon as you are well enough to visit.


2) GET PHOTOS

Facts are important. Document the location of the fall, store employees near, and the condition that caused you to fall.

 

3) DO NOT GIVE A RECORDED STATEMENT – YOU ARE NOT REQUIRED TO GIVE A STATEMENT.

They’re taking a statement to help their position – NOT to help YOU.
Our Fort Lauderdale slip and fall lawyers advise clients that if the business or insurance company contacts them, refer them to us. The calls will stop.

 

4) REQUEST AN INCIDENT REPORT

Businesses and insurance companies are infamous for the defenses they use when a person gets injured on their property.

 

5) REQUEST IN-STORE VIDEO SURVEILLANCE BE PRESERVED

This should be done in writing, and as soon as possible. Most businesses’ video recorders will tape over whatever is recorded after time.

 

6) GET WITNESS NAMES AND CONTACT INFORMATION

There is strength in numbers.

 

7) DOCUMENT YOUR INJURIES

Don’t wait!

Get the Help You Need from a Top Fort Lauderdale Slip and Fall Attorney
You deserve an experienced lawyer in slip and fall accidents and premises liability cases. Speak to a Fort Lauderdale slip and fall attorney in our office to have your questions answered.
Call 1-855-999-5297 today or visit us at www.mauslawfirm.com

Tags: , ,
Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

  • Posted: Dec 16, 2019
  • By:
  • Comments: Comments Off on Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

Florida CAM Courses

florida cam courses

How to Get a CAM License

Florida CAM Courses has been helping people in Florida prepare for their state exam and become certified Community Association Managers for over a decade. We know the process that works and can help you in every step of the process. Feel free to reach out to us if you need help.

One of our Education Partners for CAM’s and Licensing is offering you to become a CAM. Take advantage of this and other courses offered by Florida CAM Courses Today!


Find them on the Education Pages and on the up Coming Events

Florida CAM Courses offers training and exam prep for becoming a Community Association Manager.

Everything you need to complete the 16 hour CAM pre-licensing work from the comfort of your home, office or anywhere! Highly rated courses with a 100% passing rate. Online registration is valid for one year.

7150 20th St.
Vero Beach, FL 32966

Phone: (772) 563-9320Toll Free: (800) 269-1055Email: hello@floridacamcourses.comWeb: Contact Form

Tags: , ,
Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

  • Posted: Dec 12, 2019
  • By:
  • Comments: Comments Off on Big News Happening Now! PayProp Manage and Collect Rents! Attn: Property Managers, Landlords and Property Owners

Big News Happening Now > Attn: Property Managers, Landlords and Property Owners

Thousands of property management firms around the world are using PayProp.

 

PayProp: An established Nationwide Company for Property Management, Landlords, Property Owners in the Real Estate Sectors.

If you manage and or collect rents and have 1 to 1000 Rental Units that you collect rents from each month, Learn how PayProp can help you.

 

 

 

About our Platform:  Automated rental payment and reconciliation platform specific to the real estate sectors. It is both easier to use and more powerful than solutions offered by banks and traditional software vendors. PayProp was launched in 2004. Since then it has grown quickly to become a leading processor of rental payments for the property management industry, and today serves a large and diverse customer base of property professionals. Our platform sets the standard for speed and accuracy of payments as well as cost and payment status transparency, offering our customers complete transactional control and regulatory compliance.

 

Pilot our platform with 1 tenant in 2020 and pay $0 on setup and training! Offer ends 12/31/19. Call 954-224-8929 today for your 15 minute demo! www.payprop.com

 

 

Click the Link and start learning more about PayProp and like their page.

LEARN HOW PAYPROP CAN HELP

 

 

PayProp: Partnering with SFPMA offering services to our members and our Industry in Florida then all across the United States.  Frank J Mari / Executive Director of SFPMA

 

 

Tags: , , , ,
ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

  • Posted: Dec 12, 2019
  • By:
  • Comments: Comments Off on ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities

ZUUL Systems is excited to announce it will be adding a resident lane to all participating communities – available at no extra monthly cost!

Over the past few months, we’ve spoken with countless property managers in order to learn how to better serve the needs of our users. Many expressed concerns regarding a one log-in system to track all gate activity for both guests and residents. ZUUL Systems is just that: an all-in-one control system, database, and login that’ll take care of all your gate access control needs.

ZUUL’s resident lane is currently compatible with both AWID and MAXTEK RFID readers and transponders. Simply import the vehicular and transponder data into our database, and you’re all set.

Additionally, we have decided to extend our beta pricing until March 31, 2020. We want to ensure our clients have enough time to make a confident, informed decision, not a rushed one. We offer our product FREE for six months, with no contracts thereafter.

Call one of our team members today at 561-501-3539, and learn how ZUUL Systems is the solution your community needs.

The wait is over. ZUUL Systems is here.

Adam Lucks CEO
ZUUL Systems

View our Membership Page and Contact Us  ZUUL Systems

New Advances COMING IN 2020..
ZUUL Key
Traffic camera integration
Enhanced ID validation with DMV
2FA for ALL Admins

Tags: , , ,
Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

  • Posted: Dec 03, 2019
  • By:
  • Comments: Comments Off on Sign Up for Our Premier Board Certification Classes @Dave and Busters in Hollywood FL.

Sign Up for Our Premier Board Certification Classes

@Dave and Busters in Hollywood FL.

If you would like to attend and get certified, please fill out the form below and click send. Dont forget to select the event you would like to attend!

http://www.condocrazeandhoas.com/multi-event.php

Condo Craze and HOA’s
Dave and Busters – Hollywood
December 5, 2019 – 5 pm
3000 Oakwood Blvd
Hollywood, FL 33020
(954) 923-5505

 

Tags: