ALGAE BLOOMS: DID YOU KNOW? by Allstate Resource Management
ALGAE BLOOMS: DID YOU KNOW?
by Allstate Resource Management
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by Allstate Resource Management
The Florida hurricane season runs from June 1 through November 30. According to the National Oceanic and Atmospheric Administration (NOOA), this year is predicted to be another above-normal season.
Damage from a hurricane can be costly for all businesses and can pose hazards for you and your employees. Fortunately, there are ways that you can fortify your business against a hurricane to minimize losses and reduce risks for workers.
As part of “Planning Ahead” for a Disaster, the SBA encourages you to consider taking these simple steps to prepare: Assess your risk; Create a plan, Execute your plan. Statistics show that 25% of small businesses don’t re-open after a disaster. Visit the SBA’s Prepare for Emergencies website to learn more about how to prepare and recover if a disaster strikes.
NOOA officials also encourage consumers to take the following steps:
Visit the National Hurricane Center’s website at hurricanes.gov throughout the season to stay current on watches and warnings.
Call today 800-673-1136 for more information!
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Members of SFPMA
Anne Dondero / President of Spotless Roof Solutions
We’re excited for all that we’ve planned for 2022. Of course, we’ll continue to share best practices and insightful articles on our social media platforms. Follow us to stay on top of our expert recommendations re: structural inspections, image management, building maintenance, concrete restoration, and more.
Cheers to a successful new year,
The SRI Team
561-372-1290
Tags: Management News, Members Articles
sfpma want to thank Geri Bell for always providing us with the top Articles for our Industry.
Becker’s Lawyers are members of sfpma, can be found on our Directory, Sponsors many events and is one of the top firms for Condo, Hoa and Management professionals for our industry.
Thank You from all of us at SFPMA.Org
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Those of who have taken the Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.
By Eric Glazer, Esq.
Florida Statute states:
120.565 Declaratory statement by agencies.—
(1) Any substantially affected person may seek a declaratory statement regarding an agency’s opinion as to the applicability of a statutory provision, or of any rule or order of the agency, as it applies to the petitioner’s particular set of circumstances.
A man by the name of James Hanseman recently sought a declaratory statement from The Department of Business and Professional Regulation, Division of Condominiums, Timeshares, and Mobile Homes regarding whether e-mail communications between and among board members are “official records” within the meaning of Florida Statute 718.111(12), where such records relate to the Association’s operations but are sent to and/or from personal computers and devices rather than Association owned computers and devices.
Those of who have taken my Board Certification Class know that the answer to this question is that as long as the e-mails were on the private e-mail accounts of the Board members, they are not “official records” and therefore the unit owners cannot obtain copies of them. Well….that was all changed in one full swoop.
In this declaratory statement, Chevonne Christian the Division Director opined that:
The .. official records of the association” include .. all other written records of the association not specifically included in the foregoing which are related to the operation of the association.”§ 718.111 (12)(a) l8., Fla. Stat. Nothing in this provision exempts such records when created or transmitted with a board member-owned device rather than an Association owned device.
The plain meaning of the statute is always the starting point in statutory interpretation.”
GTC, Inc. v. Edgar, 961 So. 2d 781, 785 (Fla. 2007). Dictionaries can be used to determine the meaning of words. Metro. Dade County v. Milton, 707 So. 2d 913, 915 (Fla. 3d DCA 1998).
Emails constitute a form of writing. Writing, Black’s Law Dictionary (11th ed. 2019).
Consequently, emails are “written records,” and their existence as such does not depend on the ownership of the device through which the emails are transmitted.
Accordingly, emails that otherwise constitute “official records” are not excluded from thestatutory definition of “official records” merely because they are created or transmitted with board members’ personal devices.
Wow! If e-mails constitute a form of writing, no doubt text messages also constitute a form of writing. So how is this going to work? Let’s say a unit owner makes a records request for e-mails between board members during the month of February, 2022. Do all of the Board members now have an obligation to look through their e-mails and texts for the past month, print them out and hand them in to the association? Suppose each director simply says that we don’t communicate by e-mail or texts, even though they do? What remedy does the unit owner have?
While the decision is debatable as to whether or not these e-mails are “official records” it is undeniable, that it is simply unenforceable. It will be interesting to see the first arbitration case that relies on this declaratory statement. It will be even more interesting if that arbitration case gets appealed and we ultimately get a decision of the courts. Will a director ever be required to physically turn over their phone or computer by a court? Who knows? But I think we will either have a legislative fix or a court opinion within a year. In the interim, keep in mind that before you hit the SEND button on an e-mail, think about the fact that said e-mail may one day be seen by everyone in the condominium, or even a judge or jury.
The roles, responsibilities, and differences between these two jobs Key takeaways:
The terms property manager and community association manager are sometimes used interchangeably, but there are important differences.
Each job has its own responsibilities and functions. Property managers primarily work with tenants and oversee individual apartment units or homes.
A property manager’s typical responsibilities include collecting rent, showing vacant units to prospective tenants, and handling maintenance and repairs for individual apartments or homes.
Community association managers typically work with the board of directors of an HOA or COA.
A community association manager’s usual duties include preparing budgets, collecting bids from vendors, and overseeing repairs and maintenance of amenity spaces or common areas.
A property manager deals with the day-to-day operations of a property or an association, whereas a community association manager is more likely to be involved in large-scale or big-picture projects that affect the community as a whole.
It is important to know the differences between a property manager and a community association manager to hire the right professional for the task and contact the right person with your question or concern.
You may have heard the terms property manager and community association manager used interchangeably. While the two job titles have similarities, there are also key differences between them. If you’re a real estate or property management professional – or a vendor who serves these industries – it is important to understand that property managers and community association managers have different responsibilities and job functions. We will outline them below.
Property managers oversee the physical property itself and generally respond to tenant inquiries about their particular unit. They are usually the ones who manage leases, collect rent or Condo/HOA payments, handle maintenance and repairs for units or homes, and address tenant complaints and concerns.
The core responsibilities of a property manager include:
Rent or HOA payment collection
Repair management and maintenance for each unit or home
Vacant unit showings to prospective tenants
Responding to tenant complaints
Inspecting units after tenants move out
Handling an eviction process
Community association managers
Community Association Managers (CAMs) are usually in charge of budgets, record-keeping, and managing community spaces such as a clubhouse, pool, or community landscape features. They’re involved in all aspects of running the HOA (if there is one) or the community and thus have extensive knowledge of HOA governing rules and local applicable laws.
The Core responsibilities of a CAM include:
Supervision of community maintenance, such as common areas, pool cleaning, landscaping, etc.
Creation and overseeing of budgets.
Site inspections.
Negotiation of contracts for common property repairs or enhancements.
Assisting the board in selecting vendors; collection and presentation of bids for projects.
Both property managers and CAMs might handle tasks such as pool maintenance or trash collection, but in general the former takes on the responsibilities of a landlord while the latter oversees larger-scale projects and activities that have implications for the entire community. You can think of property managers as dealing primarily with individual tenant needs and CAMs as handling the needs of the entire building, neighborhood, or association.
Most states require property managers to obtain a real estate license, but this isn’t the case for CAMs. They may or may not have a real estate license, but they should be well-versed in local housing laws and know the rules of the owner’s association that hired them. It is important to properly vet prospective candidates whether you’re seeking a property manager or a CAM.
Why the differences matter
It is important to know the differences between a LCAM and a property manager so that you can hire the right professional for the tasks at hand. From a tenant, unit owner, or vendor perspective, knowing the differences between these two roles can help you determine which person to address with a specific questions or problem.
Do you want to become a Property Manager? SFPMA and our Education Partners Provide State Approved – Online and In classroom courses for Licensing, Educational and instructive information through the association. Find out more about Licensing & Advancement Courses for the property management industry. Get your License Today! Become a Licensed Property Manager
Tags: Board of Directors, Management News, Members ArticlesWhat a Year! Throughout this year Condo’s, HOA’s and the Property Management Industry have had so many changes. We are so glad for each and every member company that worked together bringing everything from Services, Business and Management to clients all over Florida.
We especially want to say thank you to our Legal Experts, Firms that kept all of us up to date on the Laws that changed almost weekly. Along with every Service and Business Member Company who went above and beyond with the care for properties for our Managers.
SFPMA wishes the best for all clients, members and industry professionals all over Florida.
Happy New Year!
Keep up to date with Legal Updates, Webinars, In Class with guidance of all CDC Orders. Safety First.
We have 2 views: the Calendar and List Views – We keep it simple for you to find events that you can take part in.
Courses offered to Community Associations, HOA’s, Board Members and SFPMA members throughout the State of Florida. These lively, interactive and informational courses can be found on the Calendar, some include refreshments many are approved for board member certification or manager continuing education credits. (ECU Credits)
Become a CAM this year – Find our providers on our website.
Members can log into the Members portal and send us Events to be listed on the Upcoming Events.
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