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Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

Last Chance: Fountain & Aeration Deal of the Year! by SOLitude Lake Management

  • Posted: Dec 02, 2020
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Last Chance: Fountain & Aeration Deal of the Year!

by SOLitude Lake Management

The holiday season is here. Treat your lake or pond to a new fountain or aeration system! After this difficult year, both you and your waterbody deserve a fresh start. Purchase a new fountain or aeration system and receive FREE installation before 12/31*. This is your last opportunity to save up to $700! 

*Free basic installation, or $700 off installation, with purchase of new fountain or aeration system. Installation date must be prior to 12/31/20.

Secure my Savings Today

 


SOLitude Lake Management has a new Business Development Consultant in Florida! 

SOLitude Lake Management is committed to providing full-service lake and pond management solutions that improve water quality, preserve natural resources, and reduce our environmental footprint.

Our services include lake, pond, wetland and fisheries management programs, algae and aquatic weed control, mechanical harvesting, hydro-raking, installation and maintenance of fountains and aeration systems, water quality testing and restoration, bathymetry, lake vegetation studies, biological assessments, habitat assessments, invasive species management and nuisance wildlife management.

 

Josh McGarry
Business Development Consultant
SOLitude Lake Management
Info@solitudelake.com
(888)480-5253

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Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for 40 Year inspections!

  • Posted: Nov 17, 2020
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You may be asking yourself, why did I receive that letter?
When a building is over 40 years old, you are required to have a structural and electrical safety inspection every ten years after; for the possibilities of future building failures being minimal and to be prepared for hurricane-force winds.
Our team of licensed and insured contractors and engineers can assist you with making sure your building is ready for inspections by making sure your structure is safe.

Aruba Permit Services resolves code enforcement issues and permits, promptly and at reasonable price in both residential and commercial properties. Our company focuses on solving issues within the permitting process such as illegal work or reactivating expired permits. We are the leading professionals in the South Florida area including Broward County, Palm Beach County and Miami-Dade County.

Aruba Construction is the parent company of Aruba Permit Services, which is a licensed general contractor. We can perform all corrective work required to bring construction up to current Florida Building Codes. Our team takes pride in following through until the code violation case is closed and the building permits are up to date. With Aruba Permit Services you will have no doubt that we will make sure your property will be in compliance.

Aruba Services
Contact info: (954)-786-7292
Location: 1413 S. Powerline Road Pompano Beach, FL 33069
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SFPMA’s Condo & HOA Bank Statements

SFPMA’s Condo & HOA Bank Statements

Condo & HOA Bank Statements

HOA bank statements are just as they sound: a statement from the bank showing all deposits and withdraws from each association account over a certain period of time. The most effective way to prevent fraud within your community association is to keep a close eye on bank statements. Most associations have at least two accounts: an operating account for regular costs of running a community association and a reserve account for setting aside funds for future projects.

Reviewing bank statements on a regular basis is important because it is one of the few financial documents that is not prepared by the association board of directors or HOA management company. Comparing bank statements with association financial statements is a good way for other HOA members to check the accuracy of financial statements prepared by the manager and/or treasurer.

 

 

What is Included in an Condo &HOA Bank Statement

A proper bank statement should include a timeline of all deposits and withdraws into and out of association accounts. Each account should have its own statement. It is important to carefully review every transaction to prevent potential fraud. One of the most common ways fraud is committed is by “borrowing” money from a long-term reserve fund and returning the money after a time; essentially taking out a loan using association funds. This is common because of how hard it is to track. If all funds are accounted for in the long run, nobody would know unless they inspect each individual transaction.

 

Who Should Review Bank Statements

Only a few people have access to association funds. Usually, it is just the president, treasurer, and/or your property management company if you choose to use one. This leaves a lot of power in the hands of a few. If left unchecked, it could be an opportunity for fraud. It is important that all bank statements be sent to someone other than the member(s) who have the ability to write checks. That way, they can act as an impartial inspector to make sure that nothing is missing within the HOA accounts.

 

How Often Should Bank Statements Be Checked

Bank statements should be included with all other financial statements prepared at the interval as determined by your HOA whether it be monthly, quarterly, or annually. Ideally, bank statements should be checked as frequently as possible. Some banks offer online banking services that allow for 24/7 access to association account statements.

 

Need More Information

Financial management can be one of the toughest aspects of operating a successful HOA. If you are having trouble with reviewing financial documents such as HOA Bank Statements, contact the professionals at CSM. We have years of experience working with homeowner’s associations from all over the United States. Using state-of-the-art technology, we can provide financial management assistance while still allowing association directors to remain independent.

 

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Exclusive Year-End Savings On Fountains & Aeration by SOLitude

Exclusive Year-End Savings On Fountains & Aeration by SOLitude

  • Posted: Oct 15, 2020
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Exclusive Year-End Savings On Fountains & Aeration

by SOLitude

For most of us, 2020 has been rough and next year can’t come soon enough. As a small way of helping out, we are pleased to offer some year-end savings to our loyal clients and followers. Purchase any new fountain or aeration system and receive FREE installation services*. Contact us today to maximize your savings!

Receive FREE basic installation, or $700 off installation, with purchase of a new fountain or aeration system. Offer is valid for contracts signed after 10/14/20. Installation date must be prior to 12/31/20.

 

Contact us Today for Savings before the years end!

 

 

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The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building. by Chucks Painting

The City of Surfside wanted to revive the look of their Municipal Building.

by Chucks Painting

Hollywood, FL 33020   Phone: 954-923-8409

This building is the Headquarters for the Town of Surfside Police Department. With our commercial painting services, we added a fresh coat of paint and with the bold blue accents this building is now a staple for the City of Surfside.

 

SERVICE AND QUALITY FROM FLORIDA’S TOP PAINTING CONTRACTOR

Military Discount! – Any veteran or active-duty member of the U.S. armed forces is eligible for a discount on our home and commercial painting services!

Since 1979, the professional painters at Chuck’s Painting, Inc. have provided quality interior and exterior painting services to the Broward and Dade County area. At Chuck’s Painting we complete both residential and commercial paint applications. We are your Miami Painting Contractor.

From private residences to large commercial structures, our professional painters have the skills needed to get the job done. We specialize in townhouse communities, condominium communities, commercial buildings, shopping plazas, and business parks.

 

Residential Painters

From traditional painting projects to intricate, high-end residential paint finishes, our paint professionals are ready to work on your next residential painting project. Unlock your home’s potential with a fresh coat of paint, stunning contrast walls, or highly detailed faux finishes. Schedule a consultation with our expert paint and designers today

Commercial Painter Pros

Take the hassle out of your commercial property’s paint maintenance by using the professionals at Chuck’s Painting. Our dedicated painting crews can handle your paint maintenance and new paint projects efficiently. We work with you to ensure that your painting tasks are completed while disrupting your work and your clients as little as possible.

 

Recognized Paint Specialists in the Dade/Broward Area

After over three decades of painting, we’ve had some great reviews. In 2011, Chuck’s Painting was featured in Painting Contractor Magazine for our excellent interior and exterior painting of the Miami Beach Convention Center. With the building stretching over 1,350,000 square feet and with archtectural accents reaching nine stories high, we had our work cut out for us. But, no matter how large or small the project is, we are dedicated to superior service. All of our clients are treated with the same level of service and quality.

 

 

 

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Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA! Get involved this year, learn the Laws and how your Board is Governing? | SFPMA

Learn about your HOA:

Many owners in HOA’s all over the country are looking closer at how their homeowners associations are being Governed. Inspection of the Accounting for years was based on trust, not any more! Many Owners want to make sure the fees they pay are being used for the benefit of their hoa. SFPMA has been getting many emails stating misuse accusations, document inspections, higher fees imposed by boards and collections for owners that are not paying. Many dont know what to do or dont care?  We say you should!

Learn more…..

Here are some things you Should be looking at:

1. Learn the HOA’s rules.

You may be able to find an HOA’s CC&Rs online as well as information about what happens if you violate a rule. Make sure any online information is current. If you cannot find this information online, ask your real estate agent to acquire these documents for you or contact the HOA yourself.

Pay particular attention to rules regarding fines and whether the HOA can foreclose on your property for nonpayment of HOA dues or fines resulting from CC&R violations. Also, learn about the process for changing or adding rules, and whether HOA meetings are held at a time you will be able to attend if you wish to do so. If the rules are too restrictive, consider buying elsewhere.

(EVERY HOA SHOULD HAVE A WEBSITE: EVERY OWNER CAN SIGN IN TO AND FIND THE INFORMATION ABOUT THE ASSOCIATION, MEETINGS, ELECTIONS, BOARD MEMBER REPORTS and NOTIFICATIONS AND NEWS)

 

2. Make sure the home you want to buy is not already out of compliance with HOA rules.

Buying into an existing problem can be a headache, so find out what the rules are and whether you would have to make changes to the home to comply.

(IF A PAST OWNER HAD FEES THEY OWED THE HOA, NEW OWNERS COULD BE ON THE HOOK TO PAY THESE TO THE HOA, ASK YOUR ATTNYS AND AGENTS)

 

3. Assess environmental practices.

If environmentally friendly living is important to you, be aware that some HOAs may dictate that you use fertilizers, pesticides, sprinkler systems and whatever else it takes to keep your lawn picture-perfect. They may not allow xeriscaping (an environmentally friendly form of landscaping) and may limit the size of gardens, ban compost piles and prevent you from installing solar panels. So make sure you check the fine print first.

 

4. Consider your temperament.

Are you the type of person who hates being told what to do? If so, living in a community with an HOA may be a very frustrating experience for you. One of the major benefits of home ownership is the ability to customize and alter the property to suit your needs, but HOA rules can really interfere with this.

 

5. Find out about fees.

Fees will differ for each community. Because of this, you should make sure to ask your HOA the following questions:

  • How are HOA fee increases set?
  • How often do increases occur, and by how much have they historically been raised?
  • Can you get a printed history of HOA dues by year for the last 10 years?
  • How large is the HOA’s reserve fund?
  • Also, ask for a record of special assessments that have been made in the past and ask if any special assessments are planned for the near future. Note that economies of scale can mean that special assessments are smaller in HOAs covering large communities, higher in smaller HOAs.
  • Find out what the monthly dues cover. Will you still have to pay extra for garbage pickup? Is cable included?

Compare dues for the complex or neighborhood you are considering to the average dues in the area. Keep in mind that you will have to pay for recreational facilities whether you use them or not. Find out the hours for amenities like pools and tennis courts. Will you be around during those hours, or will you be paying for facilities you’ll never be able to use? Be aware that the HOA may have rules about how many guests can use common facilities. If guest restrictions are severe, forget about that housewarming pool party you envisioned.

(LEARN ABOUT YOUR HOA OR CONDO BEFORE YOU BUY. LEARN WHAT QUESTIONS TO ASK BOARDS AND MANAGEMENT COMPANIES BEFORE YOU BUY!)

 

6. Try to get a copy of minutes from the last meeting or sit in on an HOA meeting before you buy.

The meeting minutes can be very telling about the policies of the HOA. Some questions to ask are:

  • What are current and past conflicts?
  • What is the process for resolving any conflicts?
  • Has the HOA sued anyone? How was that resolved?

Be alert for potential drama. Power trips and petty politics can be an issue in some HOAs. Talk to some of the building’s current owners, if possible – preferably ones who are not on the HOA board and who have lived in the building for several years. Talk to the HOA president and get a sense for whether you want this person making decisions about what you can do with your property. If a private company manages the HOA, investigate it before you buy. Some HOAs are professionally managed, but it is common for associations to be managed by building residents who hold their positions as volunteers. Even if you like the current HOA board or management company, it can change after you move in and you may end up getting something totally different than what you expected.

 

7. Watch for under-management.

Not all HOAs are over-managed. The opposite problem may be an HOA where no one really cares and where no one is interested in maintaining the building, making repairs, hearing resident grievances or being on the board. Residents may simply take turns serving as HOA president or randomly appoint someone, so be prepared to serve in this role whether you want to or not if that is the case with your community’s HOA.

This would also be a good time to check into any restrictions preventing you from renting out your property or that make it difficult for you to do so. If your property is being under-managed you might not have an issue, but if you’ve got a hyperactive manager it could be a totally different story.

 

8. Find out what kind of catastrophe insurance the HOA has on the building.

This is particularly important if you’re considering a condo or townhouse purchase and you live in an area that is prone to floods, earthquakes, blizzards, fires, tornadoes, hurricanes or any other type of potential natural disaster – and that is virtually anywhere.

 

9. Consider the impact of HOA fees on your short- and long-term finances.

A condo with high HOA fees might end up costing you as much as the house you don’t think you can afford.

 

The Bottom Line

Homeowners’ associations can be your best friend when they prevent your neighbor from painting her house neon pink, but your worst enemy when they expect you to perform expensive maintenance on your home that you don’t think is necessary or impose rules that you find too restrictive. Before you purchase a property subject to HOA rules and fees, make sure you know exactly what you are getting into. Then, once you’ve found your dream community.

 

Planning for the Future

The only constant is change, and the board must plan for the HOA’s future. This involves determining long-range needs and establishing long-term goals, along with implementing a strategy to attain those goals. The board should set annual goals, as well as those for a longer time frame. Performance goals are also set by the board. SFPMA and our members can help with many of the maintenance requests for your properties.

 

 

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Painting or Coating?  Basic considerations for long term durability. – by William Pyznar / The Falcon Group

Painting or Coating? Basic considerations for long term durability. – by William Pyznar / The Falcon Group

Painting or Coating? Basic considerations for long term durability.

by William Pyznar / The Falcon Group

 

“Painting” your building sounds simple enough.  Most would anticipate the most important decision to be selecting which color to paint it.  However, a lot of chemistry and physics will play an important role in how that “paint” performs and how long it will be sticking to your building, protecting it and looking good.

For starters, lets differentiate between “paint” and “coating”.  All coatings are paints, but not all paints are coatings.   Generally speaking, paint is used for aesthetics, and coatings are used for performance.  Coatings are paints that serve a purpose beyond just the aesthetic color and finish.  In addition to color and texture, coatings can provide waterproofing, elasticity, breathability, dirt shedding and corrosion prevention properties.  With these additional properties typically comes added cost.  As such, it is important to make sure you are selecting the correct coating with proper preparation and application techniques to get the best long-lasting performance and return on your investment.

Most coating failures can be attributed one of three issues:

  • Improper selection of material
  • Improper preparation of the substrate
  • Improper application.

Before selecting a coating material and process, first consider the condition of the existing conditions and how the existing coating is performing and the condition of the existing substrate. Also consider what characteristics and results you are looking to achieve. Looking a little deeper into each of the causes of failure.  If there is an existing coating and the existing coating has failed, it is crucial to understand why before investing in recoating.   If the existing coating is performing, but you are looking to recoat for aesthetics, waterproofing or other performance characteristics, it is also imperative to understand the existing coating to be able to select the proper material, preparation and application of the new coating.

 

Selecting the new Coating:  Selecting the new coating will be governed by desired performance characteristics and chemistry.   You need to determine which performance characteristics you need such as breathability, elasticity, waterproofing, corrosion resistance and dirt shedding.  You then need to consider what materials you are going over.  The new coating should be compatible with the existing surface chemically and physically.

For example, topcoats should generally be of the same generic type of curing mechanism as undercoats and you don’t want to apply a rigid coating over a flexible base.  If it is anticipated that moisture escaping the concrete or wood substrate is a concern you may want to select a breathable material.  If crack bridging and movement is a concern, you may want to select an elastic material.  If existing layers of paint exist, you don’t want to keep applying layers of coatings so as to reduce the elasticity of the overall coating thickness.  Latexes are generally less effected by moisture then oil-based coatings.  Oil based coatings are not recommended for direct application on galvanized surfaces because the alkalinity on the galvanized surface will degrade the oil binder causing peeling.

 

Surface Preparation:  Surface preparation is the single most important factor in determining coating durability.  Proper preparation removes surface contaminants such as dirt, mildew chalking, salts and rust which can interfere with adhesion of the new coating.   Proper preparation will also produce a surface profile that will promote good adhesion.  There are varying surface preparation processes that are recommended, which vary with the surface such as existing coating, steel, wood or concrete and the condition of the surface such peeling or chalking coatings, fresh or old concrete, painted or bare wood, oiled or rusting steel, etc.   There are dozens of preparation methods from blasting and sanding, washing with soap, chemicals or acid to making repairs of the surface itself.  The selected methods are a function of the materials being used, the existing conditions and the environment.

 

Application:  It is important to apply coatings immediately after preparation so as to avoid contamination of the surface.  The grace period from preparation to coating will vary greatly with material and environment.   For example, freshly blasted steel in a marine environment will start to form a corrosive film almost immediately.  Whereas bare wood can be exposed to sunlight for up to two weeks before the sunlight causes photo-degradation of the wood, which must be sanded off to avoid adhesion issues.

Other considerations during the application process include access, weather conditions, including wind, precipitation, temperature and humidity, dust (natural or construction related), and the actual application methods such as brush, roller or spray.  Application method will be governed by the type of material and the type and condition of the substrate, as well as the environmental conditions.  It is important to achieve the specific millage in the  application and the specific dry film thickness.

In summary, once you have selected a color scheme for your project, it is important to understand there is an extensive amount of legwork to fully understand what and how coatings should be applied to your building to get the most out of your investment and to avoid costly defects.  A professional consultant with expertise in repairs and coatings can help guide this process and perform some simple field tests to identify the existing material type, moisture concerns and visible conditions to come up with the best long term specification for your investment.

WJP

The Falcon Group | Engineers, Architects & Reserve Specialists

www.falconengineering.com 

Miami ph: 305.663.1970 x509  West Palm Beach ph: 561.290.0504 

 

 

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Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Attn: All Managers, Condo and HOA Boards. Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

  • Posted: Jun 29, 2020
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Attn: All Managers, Condo and HOA Boards.
Sanctuary Gardens, A Full Garden Center for all of your Plant, Bushes and Tree Landscaping Needs

Fab Nunez V.P
954-394-4625
Sanctuary Gardens

New Members of SFPMA

Landscape with a Full Garden Center for all your design needs


Come visit our garden center, we offer a wide variety of palms, plants, trees, and accessories. We always do our best to accommodate our clients in every possible way. Whether you are looking for garden accessories or ideas you’ll be sure to find it here. We have a live showroom where you can see the type of waterfalls we do, interactive portfolio, and intensive detailed pictures of our landscape design. If we do not have what you are looking for, we will try all of our sources to find it for you. We also offer delivery to many parts of South Florida.
https://sfpma.com/listing/sanctuary-gardens/

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After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

After the Pandemic: How Community Associations Can Recover in the New Economy. by Mitchell Drimmer of Axela

  • Posted: Apr 28, 2020
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After the Pandemic: How Community Associations Can Recover in the New Economy.

by Mitchell Drimmer of Axela Technologies

 

Is Your Condo or HOA Prepared?

Download : How Community Associations Can Recover in the New Economy

With a pandemic crippling the global economy, community associations must prepare for the effects this will have on the housing market.

We must face the grim reality that the ripple effects of the coronavirus may cripple our economy for years to come, long after the virus itself has been contained, as people lose their incomes and families struggle to make ends meet.

Community associations are already beginning to feel the effects of the recession with homeowners in financial crisis opting not to pay association fees, and this trend looks like it will get worse before it gets better. And with foreclosures on temporary deferment during the shutdown, the typical methods communities use to collect are unavailable.

But there is hope for communities to navigate this new recession economy. Community associations are one of the few industries that can successfully weather economic depression. You just need to know what tools to leverage to keep the budget healthy.

The American consumer will be making choices: “Should I pay my Visa or Mastercard bill or my community association fees?”

This whitepaper explores the options that are available to community associations and reveals what actions you can take to not just protect your community, but to thrive in the new recession economy we are facing.

 


 

HOW THE FUTURE COLLECTS

Axela Technologies is dedicated to helping create streamlined accounts receivable and collections for management companies, condo associations and homeowners associations.

Our proven collection methods help community associations realize higher returns and lower delinquency ratings at virtually no risk to the organization.

Axela is fully compliant with Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA).

 

Get a Free Consultation with a
Collections Expert

Need a Better Cash Flow for Your Condo or HOA?

Your Collections process may be what’s holding your budget back. Let us help with this free analysis of your collections process.

Call Us
305-392-0389

 

 

 

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WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN?  By Eric Glazer, Esq.

WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN? By Eric Glazer, Esq.

  • Posted: Mar 30, 2020
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WILL IT BE THE FORECLOSURE CRISIS ALL OVER AGAIN?

By Eric Glazer, Esq.

 

We all remember just how bad our communities suffered about a dozen years ago during the great recession.  Our firm represented condominiums where nearly half of all units went into foreclosure.  It was terrible for community associations.  The paying owners were often times forced to pay double to make up for the monies not being collected from all the delinquent owners.

So, here we are during this Corona Virus crisis and the same questions are being asked again.  How bad will this get for community associations if the unemployment numbers continue to spike?  Can we simply tell everyone they don’t have to pay assessments for a while?  Can we move reserve funds?  Can we borrow money?  Can we change our collection policy to show some mercy?

I don’t think that this time is going to be as bad as last time.  No way.  I’m optimistic that the economy will be bouncing back shortly.  This virus will go away sooner than later, and the government is throwing massive amounts of money at the problem.  In addition, it was a different kind of problem a dozen years ago, where people who couldn’t afford to buy a home, over extended themselves.  It was a time where everyone was upside down on their homes and you didn’t lose much by simply walking away, other than that 5% down payment you made.  Sometimes it was even less.  Now, more people have more equity in their homes so I don’t see them walking away from their property.

Associations obviously cannot tell the owners not to pay assessments.  The association has bills that need to be paid each and every month for employees, insurance, landscaping, repairs, supplies, etc.  These bills can only be paid if owners pay their assessments.  But…. If things get tough, there is no doubt that many owners won’t be able to pay each month.  So what is an association to do?

Some associations have reserve funds.  If the unit owners vote to move these reserve funds into operating, the board can amend the budget and reduce the monthly assessment amounts.  Perhaps an even better idea would be to simply have access to a line of credit that is simply there is the association needs it.  Money is very cheap right now.  This is actually the right time to borrow.  I would strongly suggest applying for that line of credit now, before delinquencies kick in, because once delinquencies are high, the bank is likely to say no.

Some attorneys may be telling associations that now is the time to be tough and make sure to vigorously go after all owners who are delinquent.  I don’t buy into that.  If someone can’t afford to pay the $500.00 they owe you now, why should I send them immediately to collections and inflate that number to $5,000.00?  Are they now suddenly able to pay it?  Did they magically get their job back?  Of course not.  Always try to enter into a reasonable payment plan.  If they are a few months delinquent, perhaps agree that they pay the full amount each month going forward but the delinquencies to be brought current within six months.  Whatever is reasonable.

Boards have to balance the need to pay the bills with the ability to show some compassion and common sense.  If an owner ignores all demands for payment, there may be no choice but to proceed legally.  But, if an owner is truly in dire straits for the time being, is not ignoring the board and simply needs some time, then give them that time.  Sometimes you can’t get blood from a stone, but you can extend a reasonable payment plan to an owner fallen on hard times.

These are tough times everyone.  Hopefully we will never see anything like it again in our lifetimes or our children’s or grand-children’s lifetimes.  History will record how we treated each other during these times.  I hope those history pages show that we did all we could to help each other.

Read other Articles

Legal Members of SFPMA: Membership Page

Glazer & Sachs, P.A.

Florida Homeowners’ Association and Condominium Law Attorneys

Eric M. Glazer, Esq.
Glazer & Sachs, P.A.
Telephone: (954) 983-1112

www.condo-laws.com

 

 

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Association Foreclosures Are Obsolete

Association Foreclosures Are Obsolete

  • Posted: Jan 10, 2020
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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.

 

 

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