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Find Blog Articles for Florida’s Condo, HOA and the Management Industry. 

We are dedicated to the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

We are dedicated to the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

  • Posted: Jun 07, 2023
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Coastal areas like South Florida have a unique need for concrete rehabilitation and protection services predominantly related to assessing structural damage.

SRI Consultants, we provide the highest level of expertise in assessing the state of aging structures and are committed to saving clients time and money by determining repair quantities during inspection. With over thirty-five years of experience, and a registered professional engineer in Florida & Virginia, the president and founder of SRI, Mr. Shirish “Raj”pathak, is a NACE Cathodic Protection Specialist. We have specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry.

We are dedicated to providing the highest level of expertise in assessing the state of aging structures. Our staff is committed to saving clients time and money by determining any repair quantities during inspection.

 

ARCHITECTURE

Creativity + Partnership. Our architectural services include new building design, remodeling, site planning, interior design, and historic renovation. We collaborate with independent architects to ensure the excellence of site plans, building design and finishes.

ENGINEERING

Technical Expertise. We are experts in our field with certifications from NACE and FL Board of Professional Engineers. Our team offers civil, environmental, structural and corrosion engineering services for single & multi-story structures, condos, hotel and motels, cooling towers and seawalls.

STRUCTURAL REHABILITATION

Comprehensive Solutions. Together, we have over 50 years of experience in structural rehab, offering a full range of integrated services including condition assessments, testing, specifications preparation, bid & permit prep and project management.

TESTING

Precision + Innovation. We use the most advanced tools to identify concrete defects, assess steel corrosion, and locate moisture in structures. We offer remediation services to measurably extend the life of your investments.

 

We have specialists in structural engineering, civil engineering, environmental engineering and corrosion engineering at your disposal. The extra effort and attention to detail put forth by our team ensure you receive the highest quality services available to the industry.

On Monday, over 50 news, articles and events on our website were not being published, many of these are the top industry news, events and the articles sent to us from our members.

On Monday, over 50 news, articles and events on our website were not being published, many of these are the top industry news, events and the articles sent to us from our members.

  • Posted: May 18, 2023
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A broken shortcodes issue shows that this change impacts how plugins display things like breadcrumbs, newsletter signup forms,  Updates, Forms, Meta,  content, and more. 

On Monday, over 50 news, articles and events on our website were not being published, many of these are the top industry news, events and the articles sent to us from our members.  SFPMA publishes these on our blog, and it is coded to automatically send these to our email list of over 245,000 emails for board members, managers and members. when things go smoothly everyone reads these as well as all posts are automatically coded and sent to all social media on LinkedIn, Facebook, Twitter …etc.

Well this week our IT  Dept has been working overtime trying to figure out why nothing is published? Today we finally found the reason why!

It was found that our work was not being published on sfpma website, the wordpress platform was in the process of upgrading to the next version. 6.2.1 / This breaks websites shortcodes and removes these coded directives from blocks within websites.  read more.

this week our IT dept is working to correct this and have some of our content show, We have reverted back to 6.2 before the update everything was working. we post and its picked up and re sent to pages and areas on sfpma’s website, this includes adding new members to our directory, adding our events to the calendar, writing articles and posting to our blog, since those were not working or showing the calendar looks blank? the new companies did not get updated or show on the directory and no posts were shown since sunday evening.

We are on top of this and we are glad we know the problem, we will be reposting everything and will have this corrected in a few days. Its not sfpma’s website kbut a WordPress problem with its blocks not reading the shortcodes within our website pages and plugin’s.

SFPMA

Allstate Resource Management Family owned and operated for over 25+ years! Headquarters located in South Florida!

Allstate Resource Management Family owned and operated for over 25+ years! Headquarters located in South Florida!

  • Posted: Apr 28, 2023
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A Company You Can Trust!

We service 300+ HOA Communities, let us help yours!


Allstate Resource Management Family owned and operated for over 25+ years! Headquarters located in South Florida!

Contact us today at:
Direct: 954-382-9766
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Finding the top Companies working in our Industry is important for Property Managers, Condo & HOA Board Members.

Finding the top Companies working in our Industry is important for Property Managers, Condo & HOA Board Members.

  • Posted: Apr 26, 2023
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Many Property Managers, Condo & HOA Board Members use our members in the buildings and communities they manage, for them this equates to happier residents, fewer high-priced emergency repair bills and cost savings overall. Through membership marketing its all about forming relationships that lead to increased business for your company and lasting relationships for you.

Join and Become a Member

SERVICEBUSINESSMANAGEMENT

MEMBERSHIPS

SFPMA is thankful to the various vendors that have become members that service the many managed communities over the years. All Companies that wish to work with the Florida Property Management, Condo and HOA industries are listed, They are then in a position to be selected to work on properties all over the State of Florida.  SFPMA has a responsibility to properly screen all vendors prior to authorizing memberships for service requests and bidding out contracts for our Clients.

 

When you are listed on the Florida Directory, Clients can find you as one of the Top Companies used in our industry. Your company will benefit from being listed. “Start forming lasting relationships in the Property Management Industry”

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Part of your job as a SFPMA member is to aid us with information about your company.

Part of your job as a SFPMA member is to aid us with information about your company.

  • Posted: Apr 26, 2023
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Managers & Board Members, learn how your company can help them!

“By working together we solve problems in the Property Management Industry”

Our effective marketing helps companies set goals and grow throughout the industry. We Aid Property Management Firms, Condo Boards and HOA Communities with finding the right Property Managers and solutions for finding the right Business and Services needed for proper operations of their properties, helping them achieve their goals.

Each month many of our members are contacted to solve problems that arise. ex; At  Tax Time, Budgets, and Elections, Legal Services and thousands of Maintenance Companies. We put clients in touch with members to help with Bookkeeping, Collections, Legal Advice and Service Companies. We help Clients make the right decisions with hiring one of the association’s members.

You can search our members directory to find the companies you need!

When a request for maintenance of their buildings arises these management professionals search our Florida Directory, finding top professionals ready to meet their needs. When Property Managers hire a company listed on our directory, they trust us to find companies that work with management professionals and they hold proper licensing, insurances in the State of Florida.


Members send us company articles, Sales and Company News.  As a member you can find the submission forms on the Members Portal – Log In and find the forms to keep us informed. or send to membership@sfpma.com  Our Teams will republish these and send them out to our industry via direct emailing. Social Media, our Publications, Getting you infront of the decision makers. 

 

  • We bring many industry professionals to our website, they view the articles search the Florida directory finding members to help them. This can only happen when you send what you are doing to SFPMA.
  • Write Articles we will repost these on our blog and send these to our social media pages.
  • When you have Events, Classes, Seminars or Webinars we want to know? These are added to our upcoming events list where our industry finds top events each month.
  • Advertise: in our Magazine or on our Website Pages, members can have banners linked to their websites placed for all clients and visitors see and interact with through the link.

By keeping clients informed of what your company is doing you are on their mind.  They will learn more about you, helping them make an informed decision when hiring!

 
Write Articles, Share your Membership Page, Send us information, Many companies are already leveraging these recommendations in ways that are effectively driving sales.  Are you?

How we keep members information on the minds of industry professionals.

We use information sent to us by our members and redistribute this using our in house marketing programs, each day this is sent directly to clients using Emails, Published on our Website and Social Media pages and Groups. We want you to be seen by clients all over Florida.

 

How do you use marketing for your business?

First you have to think about who your audience is along with what you are posting to this targeted audience? – Then think about your effectiveness and reaching clients with your own company marketing efforts.  Then ask yourself are those goals being met? – When we share about your company, We target the people that are making the decisions. We inform them about the most important issues they face with building management.

With your membership you can get your company information published and sent, informing the industry professionals. Let SFPMA spread this through our network of Board Members, Property Managers and Industry Professionals.

 

The Use of Digital Advertising from our Publications, Website Banner Advertising, Industry Articles on our Blog and Direct Emails to clients all over Florida!

Our Marketing Dept is constantly posting what our members send to us, sending the information to the many Social Media Pages and Groups from FB, LI, Twitter and Others. But its the Direct Emails we send we feel make the biggest impact. Over the years we have obtained 235,000 Emails that are kept safe and secure.  Our Magazine “Florida Rising Magazine” has been published for over 9 years and sent throughout our industry this is packed with Articles, Advertising and a Directory, we thought how can we get others reading the magazine to find the top Member Companies – Put it in the Magazine! and finally Social Media, With so many people looking on their Phones Our Posting on this media keeps our members and the information they supply to us on the minds of new clients that are searching for help with their Condo and HOA Management and Operation.

 


The Members Portal:

Members can access the Members only portal when they are logged in to sfpma.  *At the top of the page you will see ( Member ( your name or Company Name) you can still post 0 listings…) < Simply CLICK YOUR NAME and access the members portal.

(SOMETIMES YOU MIGHT HAVE TO REFRESH YOUR PAGE IF ITS THE FIRST TIME YOU WILL SEE AT THE BOTTOM OF THE PAGE ACCEPT THE COOKIES)

 

On the members portal:

This is the area where you can find your account information. You can also find access to the many ways to interact with SFPMA.

A)  – Changing your password   B)  – View your Account    C)  – Renew your Membership   D)  – Write Articles and send them to SFPMA    E)  – Find your Favorites   F)  –  Submit a Sale or Product Form    G) – Send us an Event

 

This post was added when a few members stated they have not had a call for work?

Answer to this is:  We have many ways we promote what our members are doing. We use Direct Emails these are sent 3 to 4 times each week to over 235,000 Emails. Social Media these posts are copied and promoted on groups and pages managed by sfpma, along with many posts are reshared by the many people that are reading them on FB, LI, Twitter and others.

When a member does not take time to send us what their company is doing it reflects on them. They are running their company and very busy but it takes a lot more to promote what they do? yet many companies dont do that, Promotions! sfpma is always open for articles, promotions, new sales we can use to send to our industry. when we dont get anything our team uses past articles and looks at your social media and uses some of those to repost these to our clients.

If you need a person to help you with promotions, and or marketing – One of the top Marketers helping members is:

Vail Marketing Solutions

(908) 528.4087

Providing everything from a full branding overhaul and business development program to a specific marketing project or campaign.

Vail Marketing Solutions is a woman-owned, multi-service consulting firm providing marketing, communications and business development solutions for any business looking to increase their visibility and bottom line. Our approach delivers a cost-effective, customized marketing plan to fit the needs of your business and reach your goals. We will work hand in hand with you to develop your brand, tell your story and help you stand out from your competition ultimately leading to more growth opportunities.

For over 14 years, Ms. Jessica Vail has been successful in providing marketing, communications and business development solutions within the construction, engineering and real estate industries. Her passion for marketing and helping others led her to create Vail Marketing Solutions. She is a published writer and an active member of many networking organizations and committees.

What is holding you back?

You don’t have time to spend on a marketing plan and execution. You have limited resources, staff and money. You don’t know where to start. If these scenarios sound familiar, let’s talk.

Call Jessica, tell her Frankie Sent you! she has helped many companies get infront of the decision makers. She works with clients and sfpma members, for Ads on our website and our magazines.

 

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Visit Kaye Bender Rembaum at the Orange County Convention Center on April 26th! KBR will also present their popular  “Assistance Animal or Pet” class at 9:30am.

Visit Kaye Bender Rembaum at the Orange County Convention Center on April 26th! KBR will also present their popular “Assistance Animal or Pet” class at 9:30am.

  • Posted: Apr 25, 2023
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Condo & HOA Expo Orlando

Visit Kaye Bender Rembaum at the Orange County Convention Center on April 26th!

KBR will also present their popular

“Assistance Animal or Pet” class at 9:30am.

Learn about the new HUD regulations and new Florida Legislation pertaining to assistance animals, as well as common issues concerning assistance animals and addressing requests by residents for reasonable accommodations.

Course # 9627147 | Provider # 0005092 | One CEU in OPP

Instructed by Alan Schwartzseid, Esq.

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As a community association manager, you are responsible for overseeing and managing the operations of an association

As a community association manager, you are responsible for overseeing and managing the operations of an association

  • Posted: Apr 25, 2023
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WHY WE CAN’T REVIEW LEGAL DOCUMENTS

By Rafael Aquino  ( see below the article )

As a community association manager, you are responsible for overseeing and managing the operations of an association. Board members rely heavily on their expertise and knowledge to ensure the smooth functioning of the association. However, there are times when board members may ask a CAM to assist them in tasks outside their job responsibilities.

One such task is reviewing legal documents for the association. While it may seem like a simple task, it is not something that community association managers are permitted to do. This is because reviewing legal documents requires legal expertise and knowledge, which only a licensed attorney can provide.

Certain ethical and legal obligations bind community association managers. We are not licensed to provide legal advice or services, and doing so could put our license and reputation at risk. It is essential to understand that giving legal advice or services without a license is illegal and could lead to severe consequences.

If a board member asks you to review legal documents, you must inform them that you are not permitted to do so. Instead, it would be best if you recommended that they consult with a licensed attorney specializing in community association law. This will protect your license and reputation and ensure that the association receives the best possible legal advice.

It is also important to note that if a community association manager recommends a particular provider for legal services, it is for a reason. When recommending a provider, they do so based on their knowledge and experience in the industry.

To put it in perspective, it would be like asking a dentist to perform brain surgery. While both are in the medical field, they require vastly different skill sets and knowledge. Just like a dentist would recommend a neurosurgeon for brain surgery, a community association manager would recommend a licensed attorney for legal services.

In conclusion, as community association managers, we must understand and uphold our ethical and legal obligations. Reviewing legal documents is not within the scope of our job responsibilities, and it is important to recommend a licensed attorney for such tasks. By doing so, we are protecting our license and reputation and ensuring that the association receives the best possible legal advice.


For more information about Rafael P. Aquino and Affinity Management Services

please visit www.ManagedByAffinity.com or call 1-800-977-6279

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Orlando Condo and HOA Expo. APRIL 26TH, 2023 AT THE ORLANDO CONVENTION CENTER – ORANGE COUNTY.

Orlando Condo and HOA Expo. APRIL 26TH, 2023 AT THE ORLANDO CONVENTION CENTER – ORANGE COUNTY.

  • Posted: Apr 19, 2023
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Property Management Expo & Seminars

Orange County Convention Center-West Bldg

Wednesday, April 26, 2023

Seminars 8:30 am – 4:30 pm

Exhibits 10:00 am – 2:30 pm

Sign up for the networking and educational event of the year!
Get face-time with the industry experts, browse the latest
products and services and learn how to save thousands on the
management and maintenance of your condo or HOA.

Registration is FREE for association managers,
and board members.
Register Today Don’t delay!

More of our members are in the Expos, Reach out and learn how they can help your communities with the services they offer.  find them on our Members directory on SFPMA.com

 

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The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

  • Posted: Apr 19, 2023
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The Pros and Pitfalls of Hiring a Licensed Versus an Unlicensed Contractor

Licensed Unlicensed Contractor IV.jpg

One of the most important questions property managers ask contractors is, “Are you a licensed contractor?” Why is it so important to know if a contractor is licensed and how do you discern a licensed contractor from an unlicensed contractor?

Let’s break this down. In Florida, contractors are required to have a license issued by the Construction Industry Board of the Florida Department of Business and Professional Regulation (DBPR) to legally operate their business throughout the state. Additionally, local building departments require an occupational license for businesses to legally perform construction services within their jurisdiction

Contractors must have special qualifications to acquire a license. Their processes and workmanship must meet specific industry standards. Licensure ensures that contractors know, and will follow, local laws and building codes.

How do you know if a contractor is licensed in the State of Florida?

Florida Statute 489 defines the requirements for all Florida-licensed contractors to legally perform contracting services in Florida. The Construction Industry Licensing Board of the DBPR is tasked with overseeing licensing. The Board regulates Florida’s construction industry, creating and enforcing rules for licensed contractors and processing licensing applications. The Board also addresses complaints against licensed contractors.

License numbers are assigned to contractors for different services they provide. For example, Beachfront’s general contractor license number is #CGC1531681. Our roofing license number is #CCC1333373. If ever in doubt, you can contact the DBPR at www.myfloridalicense.com for questions about your contractor and its licensing status. In fact, you can verify a license online given a company’s name, city or county, license number or license type. Additionally, you can contact the Florida Division of Financial Services (DFS) at www.myfloridacfo.com to confirm a contractor has all of its workers compensation insurance current.

Need another way to gauge a contractor’s licensing status? Observe its sales, marketing, and operations processes. Licensed contractors submit a legally binding estimate and contract for projects with their state license numbers attached. They have all of their sales and marketing pieces properly adorned with their company name and license information including, but not limited to, proposals, advertising, vehicle signage, and company uniforms. A licensed contractor’s staff typically work as W-2 employees and not as 1099 employees. Licensed contractors will submit for permits per Florida law for all work performed over $2,500.

What are the pros of hiring a licensed contractor?

First, a licensed contractor is vetted by the DBPR Construction Industry Board and is required to have all its workers’ compensation and general liability insurance to legally perform contracting services. Additionally, a licensed contractor must provide the DBPR with a bond, Federal Employment Identification Number (F-EIN) and credit reports for both personal and business financials to prove it is financially responsible.

Second, licensed contractors stand behind their work and issue a workmanship warranty, not only a limited material warranty. They are professional, executing projects to meet schedules on or under budget. Licensed contractors provide valuable references for customers, vendors and material suppliers. There are many pros to working with a licensed contractor, but one of the most important reasons is they can be held liable in a court of law for negligence, breach of contract or any other matter requiring a court’s authority to assist.

How can you spot unlicensed contractors?

It’s easy! Look at their bid estimates or contracts. If a contractor’s business name doesn’t match the exact business name as licensed by the DBPR, that’s a red flag that the contractor is unlicensed. If it can’t produce the correct state license information, occupational license information, workers compensation documents or associated employee names and employment information, so a customer can verify with the DBPR and DFS, the contractor is most likely unlicensed.

Here’s an example of how some unlicensed contractors operate: 

XYZ Waterproofing & Painting, Inc. is a licensed general contractor with a main office in Tampa, Florida. XYZ Waterproofing & Painting, Inc. is also a licensed roofing contractor with an office in Ocala, Florida. Both services and offices are registered with the DBPR.

A new contractor, XYZ Painting & Waterproofing, LLC (notice the twist on the company name) opens an office in West Palm Beach, Florida and performs general contracting and roofing services. However, the LLC is not legally licensed by the DBPR Construction Industry Board. Because its name is so similar to the Inc., the LLC operates as if it “shares” the general contractor and roofing licenses across the general name of “XYZ.” In fact, it does not.

Unfortunately, contractors like XYZ Painting & Waterproofing, LLC operate without recourse until a savvy customer, attorney, permit office or consultant does some background work with the DBPR to unveil the illegal, fraudulent and unscrupulous business practices. Do not depend on your material vendors or suppliers to vet contractors because they are in the business of selling products not ensuring your contractor is actually licensed or not.

What are the pitfalls of using an unlicensed contractor? 

First, contractors who do not meet the standards for licensure may not follow municipal building codes or may cut corners and deliver subpar work. In some instances, failure to follow building codes can result in issues with structural safety. At other times, a less-skilled contractor may perform tasks on the job site that void product warranties. In addition to decreasing the value of a property, bad workmanship often results in rework, wasting time and money.

In addition to rework, there are other financial consequences to hiring an unlicensed and/or uninsured contractor. If a contractor doesn’t have general liability insurance, its customer can be held responsible for any damages incurred during the course of a project on that customer’s or a neighbor’s property. For example, if you hire an unlicensed painting contractor and a painter accidentally sprays paint on a neighbor’s structure, then you are liable for damages to your neighbor’s structure. If an unlicensed contractor destroys power, sewer or water lines during the course of a project, that contractor’s customer is responsible to fix the power, sewer or water lines.

Similarly, if an unlicensed contractor doesn’t have workers’ compensation to cover its employees, a customer can be held responsible for any damages resulting from a workplace injury. If a roofer that works for an unlicensed contractor falls from the roof, the customer can be held responsible for all of the roofer’s medical bills as well as lost wages when the roofer is unable to work.

Unfortunately, being sued for damages or injuries for work performed by an unlicensed contractor is all too real. And there is limited legal recourse to the customer who knowingly hires an unlicensed contractor or allows a licensed contractor to use unlicensed subcontractors. In addition to financial responsibility for damages and injuries, customers can incur expensive legal fees trying to locate, serve and process any legal case against an unlicensed contractor and actually collect on any financial award ordered by a court.

Finally, Florida’s construction lien law allows some unpaid contractors, subcontractors, and materials suppliers to file liens against customer properties even if a customer has made payment for a project in full. What does that mean? In layman’s terms, if you pay your contractor and the contractor doesn’t pay its subs and suppliers, you can be liable to make additional payments to your contractor’s subs and suppliers. If you don’t, they can file a lien against you to secure payment.

Unlicensed contracting, depending on the situation, is often considered a felony in Florida. Where the crime occurs will dictate how it is handled. Yet not every county or city law enforcement agency handles unlicensed construction activity. All too often, a local law enforcement agency will defer victims to the DBPR to file a complaint. Unfortunately, as with most governmental agencies, DBPR’s law enforcement officers sometimes carry 200 to 300 cases per officer, so timeliness to follow up on a complaint is gravely diminished.

Special Notes:  Unlicensed contracting is a serious problem throughout Florida. If you suspect unlicensed construction activity, please contact the DBPR. Rewards are available to individuals who identify an unlicensed contractor. Always have your attorney review every contract for construction work. Call references—material suppliers and previous customers—for any contractor you hire for construction work in Florida. A reputable and legally licensed contractor will have no problem with you doing this. There are many reasons to use a licensed contractor but none are more important than avoiding costly legal battles.

About Jim:   Jim is a licensed Florida roofing contractor (CCC1329933) and Virginia roofing tradesman.  Jim has over 20 years of general construction sales experience throughout Florida and specializes in liquid applied fluid systems for commercial, industrial and high-rise residential waterproofing and roofing systems.  Jim is a Certified Applicator for brand-name manufacturers such as Sherwin Williams, GACO Western, HENRY, Tropical Roofing Products, Karnak, and Carlisle.

find us on the condo and HOA Directory:  SFPMA Members directory.

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Update: ‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

  • Posted: Apr 17, 2023
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UPDATE:

So Governor DeSantis signed SB 360 into law which effectively eviscerates many property owners’ rights to pursue contractors and developers for latent defects. A latent defect is one which is not readily apparent to the naked eye which is often the case with concrete restoration and roofing projects. This is a slap in the face to the millions of Floridians struggling right now to pay large special assessments to fund these projects. Why would people who profess to care about the safety of older multifamily buildings vote to pass SB 360? The developers’ lobby certainly achieved their goals. Too bad the people who will now pick up the tab for defective construction are the ones least able to pay for it-Florida homeowners.

 


‘Veto SB 360, Governor DeSantis. It makes residents in older condo buildings less safe.’

Becker Shareholder Donna DiMaggio Berger, Esq’s op-ed in Miami Herald explores how the Florida Legislature passed a bill that will make it harder for you to hold contractors accountable for defective work. Why she says the Governor should veto this bill right now. Read the entire article below.

…………………………………………………………………………………

Last year, the Florida Legislature passed SB 4-D with the stated purpose of safeguarding the millions of Floridians living in older multifamily buildings. Known as the Condo Safety Law, SB 4-D requires periodic engineering inspections for buildings three stories and higher and mandates that associations reserve funds to pay for ongoing maintenance and repair projects.

How then, did the Florida Legislature this session pass SB 360, a bill that extinguishes homeowner rights and destroys developer/contractor accountability for the work they perform?

Certainly our legislators must understand that thousands of Floridians are struggling to pay massive special assessments to fund mandated maintenance and repair projects? Why would those same legislators determine that Floridians should not be able to receive the value of those multimillion-dollar projects? It is hoped that Gov. DeSantis will understand that SB 360 undermines both the physical and fiscal security of millions of Floridians.

Safe buildings start with the developers who build them and the contractors who repair them. It’s a simple concept. If the governor signs SB 360 into law or allows it to pass into law without his signature, nearly every Florida community association, at some point, will feel the following impacts:

  • The deadline by which a community association must take legal action against contractors and developers for latent or hidden construction defects will be shortened from 10 years to seven. Ultimately, this will compromise homeowner warranty protection because latent defects are defects that cannot be seen. This includes foundation issues, most structural defects, and leaks behind stucco and under roofs, for both new construction and renovations.

Many condominiums and cooperatives in Florida are moving forward with concrete renovations and repairs, roof replacements and other work deemed necessary in their engineering reports. SB 360 will prevent associations from holding negligent contractors liable for their defective work product and poor performance.

  • Developers and contractors could maintain control of an association long enough to run out the clock on the applicable statutes of limitations. Currently, the deadline for a developer to turn over control of a condominium association to the owners is seven years, at the latest. Even under the current 10-year statute of repose, boards must move quickly to preserve their associations’ rights. Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

Under SB 360’s new shortened seven-year statute of repose, it would be virtually impossible to protect the association’s rights against a developer who decides to retain control of the association for up to seven years since the statutes only empower associations to bring those causes of action after the community is turned over from the developer to the owners.

  • The new triggering action to start the clock running on the statutes of limitation would no longer be the issuance of a final certificate of occupancy and “actual possession by the owner” but instead will be the issuance of a temporary certificate of occupancy. A temporary certificate of occupancy is issued many months or even years before an owner closes and takes possession of the home. Naturally, an owner living in a unit is in a better position to notice and report construction defects than someone who has not yet closed and moved in.
  • Developers and contractors would no longer be required to meet the minimum standards imposed by The Florida Building Code when an owner brings a private cause of action.

Unfortunately, SB 360 has been sent to the governor. It is now up to him to determine whether this new law making it more difficult to hold developers and contractors accountable makes sense with the heightened safety standards imposed on community associations.

If SB 360 becomes law, the net effect will be the imposition of a massive financial burden on the people who are least able to afford it — individual association members.

Donna DiMaggio Berger is a shareholder in Becker’s Community Association Practice in Fort Lauderdale, Florida and is a member of the College of Community Association Lawyers.

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