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. 

Central Florida Water Initiative Water Conservation Projects

Central Florida Water Initiative Water Conservation Projects

  • Posted: Feb 17, 2020
  • By:
  • Comments: Comments Off on Central Florida Water Initiative Water Conservation Projects

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 )

 

Tags: ,
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
  • By:
  • Comments: Comments Off on There are a lot more reasons to own a golf car, than just golf!

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.

 

Tags: ,
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.

Tags:
HonestESA INITIATIVE STARTS NOW!

HonestESA INITIATIVE STARTS NOW!

  • Posted: Feb 04, 2020
  • By:
  • Comments: Comments Off on HonestESA INITIATIVE STARTS NOW!

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.
 
 
Tags: ,
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
  • By:
  • Comments: Comments Off on A PROPOSED AMENDMENT TO THE LAW THAT HAS DANGER WRITTEN ALL OVER IT

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.

 

 

Tags: ,
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

  • Posted: Jan 21, 2020
  • By:
  • Comments: Comments Off on Today We signed a Contract to produce and manage: The FLORIDA RISING MAGAZINE with F & C

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/

Tags: ,
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: ,
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: , , , ,