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

Local Condos Failing to Comply with New Milestone Inspections Law

Local Condos Failing to Comply with New Milestone Inspections Law

Recent reporting by the Sun Sentinel chronicled how 124 condominium buildings, representing approximately 25,000 residences in unincorporated Palm Beach County, failed to submit their milestone inspection reports by the end of 2024 as required under the new Florida law. The circumstances described in the article are possibly playing out in other jurisdictions throughout the state in light of the recent passing of the December 31, 2024, deadline by which many residential condominium and cooperative buildings of three stories or more throughout the state were required to have completed their milestone inspections and reports. The article indicated that Palm Beach County officials are now strongly urging the representatives of those communities to submit the required inspection paperwork as soon as possible.

The Florida law, which was enacted in response to the 2021 tragedy of the building collapse in Surfside, required associations for many residential condominium and cooperative buildings 30 years or older and with three or more stories to have filed an inspection report detailing necessary structural building maintenance and required repairs by December 31, 2024 (with the balance of such buildings having to do so by December 31, 2025, depending upon when they reached 30 years of age). During the first phase of the required milestone inspection, a state-licensed architect or engineer must examine the building to assess the condition of its main structural elements. If no repairs are needed and the building passes, the next milestone inspection is due in 10 years.  For buildings in which deterioration is detected, a second phase of inspections is subsequently required to take place within the ensuing 180 days, but that timeframe can be extended if extra time is deemed necessary.

Unfortunately, some condominium and cooperative associations required to have complied failed to do so, citing factors which include a lack of funds to perform such inspections, unavailability of qualified professionals to timely perform the inspections and reports, or a general misunderstanding as to the need to comply with the required inspections. Elected and other governmental officials seem to be struggling with the best approach to compel compliance, given that stakeholders in many communities are complaining about the burdens being imposed upon them due to the inspection requirements as well as the newly enacted structural integrity reserve funding obligations, installation or upgrades of bi-directional amplification systems for emergency responders, and the need to fund costly property insurance premiums also required by state law.

The newspaper quotes Palm Beach County officials illustrating that their objective is to make sure buildings are maintained and repaired, and indicating they are neither looking to “kick people out of their houses” nor “to basically knock down buildings.”

The story indicates that in unincorporated Palm Beach County, more than 500 buildings were supposed to have filed their milestone inspection, but almost a quarter of them failed to do so. The recent reporting found that more than 100 buildings in the county have entered into the second phase of inspections, and more than 200 remain under review under the first phase.  For the 124 properties that have not yet provided any milestone-inspection information, county officials say they remain in the dark about the state of those buildings.

As we continue to move past the inspection and reporting deadline, and approach the deadline for the remainder of buildings required to comply, local governmental officials will wrestle with the best approaches to enforce compliance with the requirements.  Some authorities may opt to begin enforcement with a notice being sent out to remind association registered agents and directors that they are not yet in compliance, steering clear of immediately imposing fines or other penalties. However, other authorities may feel that optimal compliance with the inspection and reporting requirements may not be likely to be achieved without the threat of fines or similar measures.

The recent article further mentioned that along with potential fines, the commissioners and other officials also discussed the use of new signage to be posted at the buildings alerting residents to the fact that the structure has not yet been inspected, as well as the issuance of noncompliance notices to be distributed to all the board members.

For residential condominiums and cooperatives that do not undergo the required inspection, the potential consequences could include difficulty in obtaining insurance renewals along with increased premiums. They could also face potential legal action from their owners, who could find themselves unable to sell their residences and seeking remedies for any decreases in property values that may ensue. Ultimately, the associations for such communities may be forced to increase their assessments in response to these repercussions and any fines that may be imposed.

Our firm strongly recommends that all the associations for residential condominium and cooperative communities that have not already complied with these new requirements for milestone inspections make them an immediate priority and take all reasonable actions necessary to complete the initial phase and file the necessary report to their corresponding building department as soon as possible.

by ROBERTO BLANCH, SIEGFRIED RIVERA


Find engineers for your Inspections.

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Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

Budget preparation time is upon us! We strongly encourage, that every year around this time, association managers and Boards review and ensure that your capital reserve study is accurate and up-to-date.

This is one of the most important decisions a board will make for the future of their association. It is an easy and effective way to ensure your community’s capital replacement items are being properly funded with minimal impact on the individual homeowners. 

With the recent update to the Capital Reserve Study Standards, the impact of inflation and supply chain issues over the past few years (in some cases resulting in costs as much as 50% higher for some typical components), it is even more critical to have an updated reserve study to ensure the financial health of your community.

To stay on track for a healthy financial future, it is recommended that your Reserve Study be updated every three (3) years.

The Falcon Group Capital Reserves team consists of 6 CAI Certified Reserve Specialists (RS) as well as a Professional Reserve Analyst (PRA) designation awarded by the Association of Professional Analysts.

Contact our Reserve Specialists today for a new or updated reserve study!

 

Contact Us:

Tampa Bay

1211 1st Avenue, N.
Suite 106
St. Petersburg, FL 33705

P (813) 438-3568

West Palm Beach

5651 Corporate Way
Suite 4
West Palm Beach, FL 33407

P (561) 290-0504

Miami

15405 NW 7th Avenue
Miami, FL 33169

P (305) 663-1970


Capital Reserve Study ( what is involved )

The primary purpose of a Reserve Study is to offer recommendations as to the amount of money a community, building or other organization should set aside on a yearly basis for the future replacement or major refurbishment of their commonly owned elements.

The Falcon Group believes that a properly funded capital reserve program is the right formula for keeping a community’s physical assets in prime condition while providing some key benefits to residents. We strongly recommend updating your Capital Reserve Study Every 3 years.

A regularly updated Reserve Study can provide the following benefits:

  • Maintaining and/or increasing property values by maintaining exterior appearances through timely repair or replacement of common elements.
  • Facilitating project efficiency and cost effectiveness, as well as, minimizing disruptions and unit owner inconvenience by allowing the association to secure contractors to complete an entire project during a finite and desired schedule.
  • Reducing the likelihood of member dissatisfaction associated with the passage of large or sudden assessments.

All of our Capital Reserve Studies are prepared under the direction of a Reserve Specialist (RS) and/or a Professional Reserve Analyst (PRA).

The Falcon Group has prepared over 3,500 Capital Reserve Studies. Each Capital Reserve Study we perform is a customized analysis, prepared in coordination with our Reserve Specialist (RS) and our client, and is based on a “real-world” methodology for each item in regards to:

  • Inspection

  • Evaluation for repair or replacement

  • Evaluation for anticipated “Useful Life”

  • Integrated into a repair or replacement plan and budget

 

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Community Association Software Solutions for Condo, Co-Op, and HOA Management

Community Association Software Solutions for Condo, Co-Op, and HOA Management

Trusted by over 6,500 communities throughout the U.S. and worldwide, BuildingLink is the premier provider of  community management software solutions. BuildingLink leverages over two decades of innovation and experience,  offering 60+ intuitive modules to manage documents, maintenance, vehicle, keys, packages, amenity reservations, community communications and more! Managers love the functionality and service while residents love the convenience of our mobile app!

FULLY EQUIPPED WITH DOZENS OF TIMESAVING, AND INNOVATIVE FEATURES.

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Maintenance

BuildingLink’s suite of maintenance solutions ensures your property is running efficiently.

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Resident Experience

Elevate your resident experience with BuildingLink’s mobile, portal, and smart home features.

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Record-Keeping & Administration

Streamlined record-keeping, administrative tasks, and building details at your fingertips.

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Concierge & Front Office

From hyper-efficient package tracking to formatted incident reports and key management, all seamlessly managed with BuildingLink.

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Communications

Strong communication tools mean more informed, cohesive, engaged, and organized communities.

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BuildingLink Payments

Our payments solution seamlessly integrates with many accounting platforms, ensuring a smooth resident payment experience. Residents can pay monthly account balances securely online with single sign-on.

 

Start Running a Better Community Today!

BuildingLink is the market’s undisputed leader in property management solutions, empowering customers through industry-leading technologies, extraordinary support and training programs, and the ability to tailor our solutions to fit their unique needs.

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Event:  January 23rd from 2-4pm, get updated on ‘2025 Legal Update’ byKBR Legal’s – Lisa Magill, Esq. BCS

Event: January 23rd from 2-4pm, get updated on ‘2025 Legal Update’ byKBR Legal’s – Lisa Magill, Esq. BCS

On January 23rd from 2-4pm Est (via Zoom), get updated on the most recent legislative changes and discuss the statutory changes made by the Florida Legislature and how they directly affect managers, board members, and their communities.

Lisa Magill, Esq. BCS will lead the ‘2025 Legal Update’. Complimentary for all; just click below to enroll.

Date & Time
Jan 23, 2025 02:00 PM
Course 9633017 | Provider 0005092 | 2 CE in Legal for CAMS Instructor: Lisa A. Magill, Esq. BCS | Kaye Bender Rembaum, P.L. Get updated on the most recent legislative changes and discuss the statutory changes made by the Florida Legislature and how they directly affect managers, board members, and their communities.
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Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

Building Envelope Services

Maximizing the value and life cycle of a building requires continuously maintaining performance and improving energy efficiency Learn how Rimkus can help with your Building Inspections & Repair.

From the design of new buildings to the construction materials and technologies used to repair and maintain existing structures, we are uniquely qualified to provide a full range of global building envelope consulting services to help prevent and eliminate problems.

Performance for the Life Cycle of Your Project

Committed to utilizing sustainable materials and methods as applicable, we proactively address performance issues to improve the way buildings are constructed and maintained.

 

View our building envelope services:

  • Building Envelope Assessments
  • Façade Inspections
  • Façade Restoration
  • Historic Preservation
  • Pavement Engineering
  • Roof Consulting
  • Waterproofing and Weatherproofing Assessments and Design

 

Building Envelope Assessments

The Rimkus Built Environment Solutions team can provide a complete assessment of a structure’s building envelope (façades, roofs, windows, balconies, walkways, parking areas, etc.) describing the condition of such and all items in need of repair. A recommended timeline and a projected construction cost will also be provided to assist the owner in projecting future budgets. For a full survey of all building components, Rimkus can increase the scope of the survey and provide a full Property Condition Assessment (PCA) including mechanical, electrical and plumbing systems, elevators, and interiors. Building envelope assessments and PCAs are typically provided with 5- or 10-year projections; however, they may be customized to the client’s needs. These reports can be utilized as a tool to help create capital expenditure budgets and establish maintenance schedules.

Contract Administration

Retaining Rimkus to handle your Contract Administration services on your roof construction projects will provide you with seasoned professionals who know how to control costs and long term outcomes. You will experience greatly improved transparency and accountability from your contractors and you will also be far more likely to maintain critical schedules, budgets, and deadlines on your projects. Rimkus achieves these benefits by maintaining a free flow of information between the Contractor and Owner. Our services also include payment certification and preparation of change orders for any additional work that may be encountered during the course of the project. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. Trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry. We offer:

  • Contract Administration
  • Schedule, budget, and deadline maintenance
  • Minimization of building occupant disruptions
  • Payment certification
  • Preparation of change orders
  • Review of shop drawings / material submissions

 

Diagnostic Testing

To properly assess the condition of your roof we need to determine its composition, quality, and moisture content. At Rimkus, we can accurately assess each of those factors with our Destructive and Non-Destructive Testing protocols. It is one of the steps taken during your Roof Condition Analysis and a necessary tool in projecting the life expectancy and long-term costs of your roof. We can also use the results to save you money by identifying problems before they become catastrophic. We strive to protect our clients by confirming that the solutions you invest in meet all of your roofing and building portfolio needs. At Rimkus, you will find a level of personal attention on every project that is unmatched by any of our competitors. You can place your trust in our veteran team, state-of-the-art technology, and our decades of experience in the industry.

We offer a variety of diagnostic testing methods:

  • Infrared thermography
  • Tramex moisture meter
  • Electrical Field Vector Mapping (EFVM)
  • Core cut testing
  • Delmhorst Probe

 

Façade Inspections

When façade elements fail, components could fall, thereby putting people and property at risk. As a response to this, many cities have passed façade ordinances to identify unsafe conditions, such as loose façade components or materials that may fall and cause damage to property or injury to pedestrians. At Rimkus, we provide professional building inspections supported by recommendations and design for proactive maintenance and repair programs. Façade inspections typically fall into one of the following categories:

  • Safe: Requires no attention
  • Safe with a Repair and Maintenance Program: Requires repairs or maintenance within a time period designated by the professional in order to prevent deterioration into an unsafe condition
  • Unsafe: Has no reliable means of structural support and is dangerous to persons or property. Requires prompt remedial action.

Conducting Inspections Inspection requirements range from visual inspection of street-facing façades by architects, engineers, or contractors, to “hands-on inspections” that require licensed engineers or architects to physically touch façade components for each elevation of the building along the entire height of each elevation. Typically, inspections are required for buildings over five stories, with inspection frequencies ranging from two to five years. Our experts are well versed in façade condition assessments and have the experience and knowledge needed to identify repair details as well as oversee the completion of the repairs on behalf of the property owner.

Façade Restoration

The appurtenances of a façade (balconies, fire escapes, etc.) often deteriorate faster than the façade itself and therefore require particular attention and, often, increased maintenance. Repairs to these elements should be addressed in a manner that will prolong the useful life of the appurtenance as well as the repairs performed. The Rimkus Building Envelope team can assist in all phases of façade restoration. We are well versed in façade restoration, with a long track record of success on projects varying from low-rise commercial and residential buildings to luxury high-rise towers. The façade, while best known for its aesthetic, also provides structural support for a building and vertical weatherproofing for its interior spaces. All three of these components should be analyzed during façade restoration. Performing a thorough analysis of the building’s façade prior to design, Rimkus provides a detailed list of findings and recommendations for immediate repairs as well as preventative maintenance to completely address façade functions. At Rimkus, we believe that the key to a successful façade restoration project often occurs before the contractor arrives on-site. A thorough and detailed pre-construction effort, including preliminary investigation, preparation of contract documents, bid process and review, pre-construction meeting(s), and review of all mock-ups and submittals, will often eliminate unnecessary costs and construction delays.

Historic Preservation

Rimkus has had the distinct pleasure of working on numerous historic and landmark structures, including both high-rise and low-rise office buildings as well as a number of ornate residential buildings. Exhaustive research, early coordination with all governing agencies, and involvement of qualified experienced professionals are all essential components in the preservation of these delicate historic structures. When analyzing and repairing the building envelope of historic structures a conservationist perspective is preferable, full-scale repair or replacement is not always best. Thorough documentation of existing conditions including sketches, photographs, and cataloging of deteriorated elements is imperative to the restoration process. The use of new technologies to eliminate unnecessary probes and demolition is advisable. By incorporating the use of laser scanning, Rimkus can achieve an unprecedented level of detail and accuracy during the design phase often without the need for hands-on visual inspections. In addition to providing thorough contract documents; these laser scans will allow for the creation of 3D models of decorative stone units for shop drawings and mold casting.

Leak Investigations

Rimkus offers a thorough approach to leak investigations, recognizing that a successful investigation requires pursuing all possible sources of water infiltration. With years of experience, Rimkus understands that there may be multiple factors contributing to a leak. Rimkus offers a range of services to assist in determining the source(s) of water infiltration, including hands-on and visual inspections, non-destructive testing techniques, and more traditional methods of probes and water tests. Our non-destructive testing techniques include the use of infrared imaging to identify thermal anomalies and moisture-compromised insulation, the use of roof and wall moisture scanners and moisture meters to perform impedance testing and identify the relative moisture content of the material, and electronic leak detection (electric field vector mapping) to identify the precise location of water infiltration.

Roof Condition Assessments

Rimkus recommends a roof condition assessment to better understand the life expectancy of a roof and to address an immediate concern. The result is a promptly delivered roof analysis outlining the strengths and weaknesses of the existing roof system. Our findings are put into a clear and legible report that includes photo evidence, illustrations, and a colored AutoCAD roof plan. We believe that a high level of clarity and transparency is crucial to help our clients make informed decisions. Many of our technicians are RCI Inc., RRC, and RRO certified. Our emergency leak responders can diagnose numerous problems on the spot and expedite the remediation strategy. Capital planning is also an important component that we provide as part this process. We believe it is important to provide our clients with a strategy for future investments and expenditures to meet both the short and long-term budget plans.

Waterproofing and Weatherproofing Assessments and Design

Rimkus assists in the evaluation of existing roofing/waterproofing systems, as well as the design and construction administration of the repair or replacement, of all roofing/waterproofing systems including:

  • Single Ply (Thermoset and Thermoplastic) Systems
  • Modified Bitumen Roof Systems
  • Fluid-Applied Liquid Membranes
  • Vegetative/Green Roofs
  • Balcony Waterproofing
  • Below-Grade and Sidewalk Vault Waterproofing

Similar to most aspects of construction one size, does not fit all with respect to roofing and waterproofing systems. Several factors determine the appropriate system for a particular building, including:

  • Building Code Regulations
  • Requirements of Owner’s Insurance Provider
  • Climate and Wind/Weather Exposure
  • Frequency and Type of Foot Traffic
  • Intended Use (of Roof Surface and Interior Space Below)
  • Mechanical Equipment and Exhaust Units
  • Overall Size
  • Roof Slope
  • Desired Life Expectancy
  • Owner’s Budget
  • Number of Penetrations
  • Roof Deck Composition

Several commonly overlooked processes can be established during the installation of a new roof that will help reduce the cost of future maintenance and extend the service life of the roof system:

Leak detection systems can be installed in most roof systems to use as a quality assurance tool and to allow for easy identification of future leaks. This is particularly important in roofs with an overburden (i.e., inverted roof systems and vegetative roofs). A custom-tailored roof inspection and maintenance schedule should be provided for the owner’s use in prolonging the useful life of the roof system and minimizing the risk of leaks resulting from roof damage.

General Contact Information

 


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HOW TO COLLECT WHAT’S DUE?  By Eric Glazer, Esq.

HOW TO COLLECT WHAT’S DUE? By Eric Glazer, Esq.

We are already starting to see an uptick in the amount of owners falling behind on paying their assessments to their association.  It is wise for an association to know how the collections process works in for the board to put in place a policy that works best for the association.

In both condos, Co-ops, and HOAs, the procedure is the same.

  1. To start, the association must first deliver a thirty day written notice of late assessments to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees.
  2. If the owner fails to bring their account current, the association must then provide the delinquent unit owner with another letter which is a 45 day notice of its intent to file a lien and its intent to foreclose its lien. The association can demand attorney’s fees, interest and late fees in this letter.
  3. If the owner fails to bring their account current, the attorney can record a lien and threaten to foreclose on the lien if their account is not brought current within 45 days.  The association can demand attorney’s fees, interest and late fees in this letter.
  4. If after 45 days the owner still fails to bring their account current, the association may file a foreclosure action in court.

Keep in mind that because the unit owner must receive a 30 day letter, a 45 day letter and another 45 day letter, it takes a long time to bring a delinquent owner into court.  That is why associations may need to rethink their collection process and start it a little earlier.  If not, by the time it gets to court, the owner may by 9 or 10 months delinquent.

Especially in condominium buildings, things are about to get tough.  There are now mandatory inspections, mandatory repairs, mandatory fire sprinkler or ELSS installation, a tremendous rise in insurance and the inability to waive reserves.  Stay on top of your collections.


About HOA & Condo Blog

Read other industry Legal Articles

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

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Introducing The Auto-Submit Platform for Servicing Delinquent Accounts! by Axela

Introducing The Auto-Submit Platform for Servicing Delinquent Accounts! by Axela

  • Posted: Jan 06, 2025
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We’re thrilled to announce a groundbreaking advancement in community association management: the launch of Auto-Submit, the industry’s first AI platform for identifying and servicing delinquent accounts, by Axela Technologies.
 
In an industry where timely recovery of past-due assessments is paramount to financial stability, Axela’s Auto-Submit is a game-changer. This cutting-edge AI engine is designed to streamline collections processes, resulting in faster resolutions and cost-effective outcomes.

 

Here’s what you need to know about Auto-Submit:
 
Efficiency at Scale: With deep integrations with leading accounting systems, Auto-Submit allows you to automate uniform collections policies and unit submissions. This ensures consistency across your portfolio and drastically improves aging trends, all while maintaining compliance with federal, state, and local laws.

Set It and Forget It: Configuring Auto-Submit is a breeze. Set your preferences, and the system executes the process from start to finish. Say goodbye to manual interventions and hello to autopilot collections.

Enhanced Responsiveness: Auto-submit doesn’t stop at collections. Our latest release also includes features for email responsiveness and call archiving. You can ensure prompt and accurate communication with homeowners with near-immediate email responses and detailed call transcriptions.

Continuous Innovation: We’re committed to advancing our AI platform to serve your needs better. As we develop new features, you can rest assured that Axela remains at the forefront of community association management technology.

We invite you to experience the future of collections with Auto-Submit. Schedule a demo today to see how Axela can transform your collections process and drive financial stability for your community.


Upcoming Event!

ONLINE AUTO-SUBMIT WEBINAR

April 18, 2024 @ 3PM EST.

Join us for an exclusive webinar unveiling Axela Technologies’ groundbreaking AI platform, Auto-Submit, revolutionizing delinquent account servicing in the CAM industry. Learn how our innovative solution ensures faster resolutions, compliance, and cost-effectiveness while putting your collections on autopilot. Don’t miss this opportunity to discover the future of collections!

Sign up Today!


Alexa Technologies is the top Collections Company SFPMA stands behind for every Condo, HOA in the State of Florida.  Every Property Management Company and their Team members should learn how Alexa can aid them with the properties they manage.  View Axela Tech’s Membership page on our members directory.

 

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“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer Sundays.

“Condo Craze & HOA’s” Watch us live on YouTube with Eric Glazer Sundays.

“Condo Craze & HOA’s”

Watch us live on YouTube with Eric Glazer

Sunday 11am

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for more than 2 decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board certified by The Florida Bar in Condominium and Planned Development Law and the first attorney in the State that designed a course that certifies both condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state.

Mr. Glazer is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.

Join our YouTube Page and Watch the Show every Sunday 11am

 

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

Accessible parking isn’t just a nice thing to have – it’s the law. – TrueLines

  • Posted: Dec 20, 2024
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Accessible parking isn’t just a nice thing to have – it’s the law.

Most parking lots must provide accessible parking spaces that align with ADA standards.

This legal requirement ensures people with disabilities can park safely and conveniently, making it easier for them to patronize businesses, access services, and participate in community life.

Navigating the legal landscape can be challenging, but with our expertise, your parking lot can open doors for all.

Connect with us to stay informed about the crucial aspects of making your parking lot welcoming and accessible to all.

772-349-4669

admin@truelinesinc.com

www.truelinesinc.com

 

SOUTHEAST FLORIDA’S EXPERT ASPHALT MAINTENANCE CONTRACTOR

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