Become our 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. 

Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

An effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

By Concierge Plus

Due to pandemic restrictions, many management offices were inaccessible to residents. This caused a greater reliance on telephone and e-mail communication. For many residents, failure of management to respond to their queries in a proper way created distrust and a perception that the management company is incompetent. The root cause to this problem is the lack of an effective portal solution for managing electronic communications with features that increases the resident experience. In this article, we look at how our Resident Experience Management platform can help you deliver superior resident experiences and help you exceed resident expectations.

Efficient maintenance request process

The main responsibility of any management company is to ensure that community associations are well maintained. Residents should be able to report maintenance requests as soon as possible from wherever they are. While calls and text messages can get your attention, residents might not be able to explain the situation entirely. However, via Concierge Plus’ Service Request feature, they can give details of their concern and even upload pictures or videos to aid their explanation.
Requests are always tracked by unit, so you’ll always be able to access a history of what happened. And full reporting features mean you can very quickly generate all the information you need to update your board or your residents.

Mobile-Service-Request

Transparency in association governance

Since the tragic Surfside condo collapse in Miami, residents are asking for more transparency from their elected board members. Transparency is characterized by visibility or accessibility of information concerning association practices.
Board members can use Concierge Plus as a platform for keeping residents in the loop with regards to anything related to building maintenance. Since the tragic Surfside condo collapse, we’ve been told that residents are particularly asking for their board’s plan on risk mitigation.
Board members can share documents such as a Reserve Study with unit owners using our File Sharing feature. This is a password-protected repository for important documents and is a great place to store articles of incorporation, meeting minutes, rules and regulations.

Mobile-Media-Library-Folder

Virtual owner meetings and AGMs

As the pandemic eases and we resume in-person gatherings, hybrid meetings are slowly becoming a permanent part of how community associations function.
Board members can easily add HD web conferencing, automate attendance, enable eligible owners to vote online, and more through our all-in-one virtual meeting platform integration with GetQuorum.
Advanced and real-time electronic voting allows owners to vote securely on important meeting matters before or during the meeting using GetQuorum’s dynamic online platform.
Electronic voting offers substantial cost savings, improved efficiency and significantly reduces errors associated with traditional paper-based voting.

Efficient package management

Community managers, security guards and concierges everywhere are fighting a losing battle trying to keep up with the unrelenting wave of incoming parcels during the holiday season. When staff members spend more time accepting, storing and retrieving parcels, they can’t focus on their security duties.
With Concierge Plus’ Notification feature, you can avoid ending up with front desk congestion and angry residents. Use Concierge Plus to manage package deliveries with automated emails and an easy tracking process. Residents can select to be notified by text message (SMS) or by an automated phone call, which is perfect for urgent and timely notifications.
With our barcode scanner your team can quickly scan every package that arrives, and when residents come to pick-up their packages, they simply sign on a digital signature pad to confirm their identity permanently and securely.
Last but not least, we also offer beautifully designed, 40″ digital lobby display screens which you can use to alert residents that items are available for pick-up.

Features-IntergratedHardware-DisplayScreen-300x203

Secure resident and visitor parking

For most residents, the safety factors associated with condo living are a huge consideration in choosing life in a community association.
Concierge Plus can help you manage who is coming in and out, where they are parking, and if they have permission to enter the building. Our integrated hardware offerings alleviate confusion with parking pass printers that clearly denote who is parking where.
The printer connects easily to your computer and facilitates tracking of visitor vehicle details such as license plate number, make, and color. A parking pass receipt will print automatically for visitors to display on their dashboards.

 

Tags:
The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund by Axela-Tech

The Start of the Fairy Tale: Creation of the Homeowner Assistance Fund 

by, Dee Rowe, CACM, Contributing Author

Once upon a time, benevolent Prince Sanders was afraid that people would lose their homes because they were unable to pay their mortgages or HOA fees. You see, a nasty respiratory disease was ravaging the kingdom and all surrounding kingdoms. Workers not deemed essential were forced out of work to limit the spread of the disease. The price of essential goods and services skyrocketed. Even once a “return to work” was announced, for many business owners and employees there was no work to return to. The kingdom was in crisis.

Since he was Chairman of the kingdom’s Senate Budget Committee, he and 11 others authored theAmerican Rescue Relief Act, which included a Homeowner Assistance Fund designed to keep those people from losing their homes and keep their public utility services active. The problem was, nobody told the homeowners, or those responsible for the communities they lived in.

Meanwhile, in a Far-Off Corner of the Kingdom

Mary was contrary, and could you blame her? She was a single mother with three small mouths to feed. Her ex-husband ran off with Sally years ago and now lived in a cottage by the sea selling seashells. That left Mary to care for the gardens ​of silver bells, cockleshells, and primroses all in a row. There was a time before the pandemic when her business thrived. Weddings were large, formal affairs, and nobody’s flowers were prettier than Mary’s. Brides paid a pretty penny for her services. But now weddings were smaller and more intimate. Because everybody’s budgets were stretched tight, brides cut expenses wherever they could. That included Mary’s flowers.

With the sun sinking on the horizon, Mary put the gardening tools in the shed and trudged into her small house. The children would be hungry, and someone had to feed them. Opening the nearly bare cupboard, she groaned. Once again, they would be eating beans and rice. As she measured the rice, her hand scraped the bottom of the barrel. Even beans and rice would soon be a luxury. Forcing a brave face, she served the children dinner and busied herself with chores while they ate. She ate their leftovers to make sure they got enough. Her stomach growled and grumbled, but she was used to ignoring that. She’d been doing so for a couple of years, ever since the virus started spreading.

Before she put the little ones to bed, she walked to the end of the driveway to get the day’s mail. Inside the mailbox was another notice from the HOA about her missed payments. Tears welled up in her eyes. How was she supposed to pay when there wasn’t enough to eat, and every penny went toward keeping the bank from taking her home? Now the association was threatening to take her home too. What would they do then? She wasn’t eligible for bankruptcy, because she’d had to file for one after her divorce.

Hands shaking, she placed the notice on the kitchen table and tucked her children into bed, noticing as she did so that all their nightclothes were threadbare and too small. Once she was back in the kitchen, she picked up the notice and read it again. “Due to the non-payment of assessments, your account has been referred to an outside agency for collections. Please contact them at once to avoid foreclosure.”

This time, tears did more than well up, they spilled down her cheeks and left spots on the table. With her head in her hands, she sobbed into the night until she fell asleep right there in the kitchen. Her dreams were troubled and chaotic, with visions of fire-breathing dragons scorching her home and beautiful gardens to the ground.

They Aren’t Dragons, They’re Heroes

The next morning, after the children ate their oatmeal and headed off to school, Mary called the collection company the HOA referred her case to. She braced herself for battle, recalling the fire-breathing dragons from last night’s anxiety-fueled dreams. Much to her surprise, that mental armor turned out to be unnecessary.

S​he spoke with a friendly and helpful representative from Axela Technologies, who was sympathetic when Mary described her financial position. The representative suggested that Mary try applying for something called the Homeowner Assistance Fund (HAF) because an online map showed that her part of the kingdom may have funds available to cover the mortgage, utility costs, and even HOA fees since her hardship was caused by the pandemic and started after January 21, 2020. The helpful rep also arranged it so Mary would not lose her home while waiting for a decision from the HAF. She was so relieved she began to cry over the phone because she felt hope for the first time in years. “You’re my hero”, she told the Axela employee.

I​t Isn’t a Fairy Tale but a Well-Kept Secret

As she worked in her gardens that day, Mary wondered why she’d never heard of the HAF before. There were probably others like her; hardworking people who had no savings or credit to see them through when the pandemic shut the kingdom down. People who had spent the years since the return to work trying to find work or customers. People who were desperate to keep the homes that they loved and that kept their families safe and warm. Good people who wanted to pay their HOA fees but had to choose between that and feeding their children.

After waiting as patiently as she could, Mary got an answer from the HAF. Hands trembling, she opened it and read the decision over the phone to that helpful representative from Axela Technologies she had first spoken to. “Your application has been approved.” Once again, she was crying, this time tears of joy.

Later that day, Mary wrote a letter to the board of directors of the HOA thanking them for working with anethical company like Axela Technologies, and not a predatory collection service. That letter was the first communication the board received from her that wasn’t contrary.

For a real-life collection fairy tale like this, contact us at Axela Technologies today. We offer creative solutions, not threats and ultimatums.

 

Tags: , ,
The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

The State of Florida Property Management Association and Educational Providers bring, in person and online events every month.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES, SEMINARS, WEBINARS, RADIO SHOWS, YOUTUBE LIVE, EVENTS ALL OVER FLORIDA.
In our efforts to bring educational courses to our industry in a safe way, Educational Members provide many courses online through Zoom, Radio and Video presentations. Take advantage of these online Courses many are approved by the State of Florida where after watching, joining and taking part in will give you credits and certifications for the Courses. These lively, interactive and informational courses are approved for board member certification and property manager continuing education credits. (ECU Credits) some are held in a Video setting while others are online through Zoom and other platforms. SFPMA is happy to bring to you these Educational Resources for you to take part in.
Tags:
“Notice of Board Meeting Must Include Agenda” by Becker

“Notice of Board Meeting Must Include Agenda” by Becker

Q: The board of directors of my condominium association recently voted on an issue that was not on the posted agenda. Following the meeting, the board realized that this was an error and there is a question as to how to correct the mistake. Should the board address this at the next board meeting and vote to undo what they voted on? (S.G., via e-mail)

A: Section 718 112(2)(c) of the Florida Condominium Act requires that notice of board meetings be posted on the condominium property at least 48 hours in advance (certain notices must be posted and sent to all owners 14 days in advance). The law goes on to say that the posed notice specifically must identify all agenda items. The public policy is that if owners know what the board will be voting on, they can decide if they would like to come to the meeting to observe or offer input.

The statute goes on to provide that an item not included on the notice may be taken up on an “emergency” basis by a vote of at least a majority plus one of the board members. Any emergency action so taken must be noticed and ratified at the next regular board meeting.

It is not suggested that the issue taken up was an emergency, but rather it was just a mistake. While there is no way to go back in time and cure the mistake, the most appropriate cure would be for the association to add the issue on the agenda at the next board meeting and have the board properly address the issue and revote on the motion.

Interestingly, for homeowners’ associations, while there is a requirement that notice of board meetings generally be posted at a conspicuous place in the community at least 48 hours in advance, there is no requirement that an agenda for the meeting must be posted. However, given that the Homeowners’ Association Act, Chapter 720, Florida Statutes, provides that members have the right to speak on all “designated items,” posting an agenda is a “best practice” and an agenda should be available at the meeting to confirm what issues owners may address.

Q: What does “plurality of the votes” mean when there are five seats up for election in a homeowners’ association? (J.Y., via e-mail)

A: Plurality means that the candidates who get the most votes win, whether they received votes from a majority of those who cast ballots or not.

Q: From what I understand, Florida law does not require directors to reside in the community, but our condominium documents do require residency within the community to be eligible to serve on the board of directors. Which would control? (S.F., via e-mail)

A: Florida law controls over your condominium documents in this instance, and the residency requirement in your condominium documents are not enforceable as being contrary to Florida law.

Section 718.112(2)(d)4 of the Florida Condominium Act states that every unit owner has the right to serve on the board. There are also certain limitations on board eligibility within the Act itself. For example, certain convicted felons are ineligible for board service. Certain financial defaults to the association can also disqualify a person from running for or serving on the board.

Other than the criteria for ineligibility set forth in the Act, limitations on the right to serve on the board are not legally valid. The Division of Florida Condominiums, Timeshares, and Mobile Homes, the state agency which has specified regulatory oversight of condominiums, has also ruled that “residency requirements” for board service contained in association bylaws are invalid. However, term limits contained in bylaws are valid in condominiums.

Joe Adams is an attorney with Becker & Poliakoff, P.A., Fort Myers. Send questions to Joe Adams by e-mail to jadams@beckerlawyers.com. Past editions may be viewed at floridacondohoalawblog.com.

 

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

Florida Legislature Considering Bills Proposing Changes to Condo Safety Reforms, Construction Defect Lawsuits

As the 2023 Florida legislative session gets underway, there are several bills impacting associations and real estate

Senate Bill 154 and House Bill 1395

Perhaps the most important of these are Senate Bill 154 and House Bill 1395, which deal with issues such as inspections and condominium association financial reserves that were addressed in the condo safety reform law that was passed last May with the adoption of Senate Bill 4D during a special legislative session. Under the new law, inspections are required for buildings that have been occupied for 30 years — or 25 years if they are within three miles of a coastline. After these initial inspections, the buildings will have to go through the process again every 10 years.

Flalegislature-300x169If adopted, the new bills could result in changes to the time by which buildings, including those within three miles of a coastline, will have to be inspected. The two bills include different timeframes by which the initial milestone inspection may have to be performed (e.g., SB 154 triggering all such inspections at 30 years with discretion for local officials and authorities having jurisdiction to compel some at 25 years depending on “local circumstances, including environmental conditions such proximity to salt water”; or HB 1395 requiring the initial inspections at 25 years for all buildings regardless of proximity to salt water).

 

SB 154 also includes provisions that would allow local officials to extend inspection deadlines if building owners have entered into contracts with architects or engineers but the inspections cannot be finished in time.

HB 1395 further proposes to increase the types of professionals that may perform phase 1 of the milestone inspections from architects and engineers to also include general contractors licensed under Chapter 489, Florida Statutes, with at least five years of experience in building/constructing threshold buildings, or as a building code administrator or licensed building code inspector.

The bills also include changes to portions of the statutes governing the financial reserves studies and requirements that were implemented under last year’s law. Some of the changes provided in SB 154 include clarification as to which building components must be included as part of the required reserve funding. It would also allow reserve studies to “recommend that reserves do not need to be maintained for any item for which an estimate of useful life and an estimate of replacement cost or deferred maintenance expense cannot be determined.” The bill’s sponsor says that provision could apply to building foundations.

HB 1395 includes different proposed changes pertaining to the structural integrity reserve items, such as providing for modified deadlines to the December 31, 2024, deadline established under last year’s reforms.

These are just a sampling of the various changes being considered by the legislature this session. As is usually the case with the legislative process, the provisions of SB 154 and HB 1395 will likely undergo various changes and may become mirror images of each other via lawmakers’ negotiations resulting in a final version that may be voted into law. Condominium association stakeholders should keep an eye on these bills given that their adoption by the legislature could surely result in significant changes to the monumental laws adopted last year affecting condominium associations in Florida.

House Bill 85

The legislature is also considering changes to the state’s statute of repose for construction defect lawsuits, which is used to determine how long a party has to file a claim for latent construction defects after a structure or improvement has been completed.

Currently, the state’s 10-year period of repose starts to run from the latest of these four events: 1) the date of actual possession by the owner, 2) the date of the issuance of a certificate of occupancy, 3) the date of abandonment of construction if not completed, or 4) the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer. After the 10-year period expires, a claim for latent defects can no longer be brought.

If adopted, House Bill 85 would revise the triggering events for the period of repose for suits brought for latent construction defects to the earliest of: 1) the issuance of a temporary certificate of occupancy, 2) the date of the issuance of a certificate of occupancy, 3) or the date of issuance of a certificate of completion, or 4) the date of abandonment if construction is not completed.

The repose period would start to run seven years from the earliest of the foregoing four events. These changes, if adopted, could have significant changes to the time frame within which an association may assert a claim against parties responsible for construction defects.

As the legislative session unfolds and reaches its conclusion on May 5th, our firm’s attorneys will continue to monitor these and other bills impacting the state’s community associations and real estate industry.

Tags: ,
Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here! – Have you had your storm drains inspected yet?

Hurricane Season is almost here!

Hurricane season runs from:

June 1, 2022 through November 30, 2022

Have you had your storm drains inspected yet?
During a hurricane or tropical storm, it’s common for an area to experience several inches of rainfall and catastrophic wind over a very short timeframe. All of that excess debris and sediment from a hurricane can cause blockages in our stormwater systems, hindering them from operating properly.
Hurricanes are uncontrollable, but what we can control is taking the proper precautions and steps to make sure our stormwater systems are ready for the upcoming season!
Contact us today at 954-382-9766 or info@allstatemanagement.com to talk to one of our Stormwater Specialists!

STORMWATER SYSTEMS –
PREVENTS FLOODING

Storm Drain Cleaning in Broward County and South Florida

Allstate Resource Management’s team of experts specializes in storm drain cleaning in Broward County and storm drain cleaning in South Florida. We will keep your stormwater systems and storm drains clean and operating properly and in compliance with government standards. Various government agencies in Florida have specific regulations regarding the maintenance of these complex systems. Non-compliance can result in fines and unnecessary expenses. We can help ensure that your stormwater systems are working effectively and comply with Florida’s regulation standards. Our team are experts at storm drain cleaning and will make sure your stormwater systems are working properly. Stormwater systems accomplish many vital functions. Their primary purpose is to prevent flooding by rapidly removing surface water. A properly functioning drainage system also helps to maintain water quality, capture pollutants and contributes to balancing Florida’s precious drinking water supply.

 

CONTACT US TODAY TO FIND OUT HOW WE CAN HELP YOU!
CALL (954) 382-9766

Tags: ,
Condominium Board Member Certification Course, taught by  Emily E. Gannon, Esq. from Kaye Bender Rembaum.

Condominium Board Member Certification Course, taught by Emily E. Gannon, Esq. from Kaye Bender Rembaum.

Condominium Board Member Certification Course, taught by

Emily E. Gannon, Esq. from Kaye Bender Rembaum.

March 29, 2023 | 12 Noon Est.

Live via Zoom | Enroll HERE

This session is for Board Members of Condominium Associations; it will NOT satisfy state requirements for new HOA Board Members.

Tags: ,
Reviving Previously Unenforced Restrictions

Reviving Previously Unenforced Restrictions

Reviving Previously Unenforced Restrictions

Campbell Property Management 

While trying to enforce restrictions and rules in your community, have you run across evidence, or worse, been brought to your attention by current residents or a pending lawsuit, that your current or previous boards were arbitrarily or inconsistently been enforcing certain rules and restrictions?

What are you to do now? Just give in? Not necessarily. A restriction can be revived with notice, to the community, that the association will enforce the restriction moving forward. This lets owners know that the board will actively and evenly enforce the restriction in question. Attorneys refer to this as the Chattel Shipping clause and comes from the case in 1985 of Chattel Shipping and Investment, Inc. v. Brickell Place Condo Assoc.

In this case the association’s declaration of condominium prohibited unit owners from enclosing their balconies without prior approval from the board. Multiple owners, nevertheless, enclosed their balconies without the requisite approval. The board, prompted by a letter from the city that the enclosures violated the city’s zoning ordinance, informed the owners that it would enforce the restriction and prohibit future balcony constructions. After this announcement, one unit owner, Chattel Shipping and Investment, Inc., enclosed its balcony. When the association secured a mandatory injunction requiring the removal of the balcony enclosure, the unit owner sought a reversal on the ground that the association had failed to require the dismantling of the other existing enclosures and thus was unequally and arbitrarily enforcing the restriction.

The court rejected the owner’s argument, holding that the association could adopt and implement a uniform policy under which a building restriction will be enforced only prospectively without the enforcement of the same being deemed selective and arbitrary. This allowed for the association to revive the enforcement of a restriction despite previous non-enforcement by notifying the members of the board’s intent to prospectively enforce the restrictions.

In some cases, depending on the restriction, your association may want to adopt the restriction providing for grandfather status. You should always reach out to your association attorney for correct wording and advice.

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.

Networking and Education is key for Managers, Board Members in Condo and HOA’s 

Take part in our Industry Expos presented by L&L Management, SFPMA – Our members take part in these to show our industry the top companies ready to help with everything from Business to Services for your buildings and communities.


APRIL 4TH, 2023 AT 8:30 A.M. AT THE
SIGNATURE GRAND – BROWARD COUNTY.


Palm Beach Condo & HOA Expo
APRIL 11TH, 2023 AT 8:30 A.M.
AT THE PALM BEACH CONVENTION CENTER.


Orlando Condo & HOA Expo
APRIL 26TH, 2023 AT 8:30 A.M.
AT THE ORLANDO CONVENTION CENTER


Tampa Bay Condo & HOA Expo
APRIL 27TH, 2023 AT 8:30 A.M.
AT THE TAMPA BAY CONVENTION CENTER.

EVENTS: BOARD MEMBERS & MANAGERS FIND COURSES ALL OVER FLORIDA.


Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate. by SRI Consultants, Inc.

Tonight’s the night! Ft. Lauderdale city officials are expected to approve raising sea walls by just over a foot to meet a county mandate.

The move will mean dilapidated sea walls will have to be replaced, and new ones will be required to be at least 5 feet high to help protect against future tidal flooding.

 


SRI Consultants, Inc.

Was established to fulfill the unique needs of structures in coastal areas such as South Florida. The team’s rare combination of expertise in Civil/Structural Engineering and Corrosion Engineering makes SRI unique in providing concrete rehabilitation/protection services related to condominiums and other near-sea structures. SRI also provides Concrete Diagnostic testing (Ground Penetrating Radar, monitoring corrosion of reinforcing steel in concrete structures) to its clients or other engineering firms.

 

Tags: ,