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

Florida Condo Building Inspections (SB4d) It’s a confusing time for everyone affected, and we can all use some extra clarity.

Florida Condo Building Inspections (SB4d) It’s a confusing time for everyone affected, and we can all use some extra clarity.

Florida Condo Building Inspections (SB4d)

It’s a confusing time for everyone affected, and we can all use some extra clarity.

Florida state legislature took swift action to implement inspection reform to mitigate the risk of a similar tragedy in the future. As of May 27th, 2022, Florida passed several laws to keep building safer in the state by requiring specific inspections and funding mechanisms. These new Florida condo laws mean significant changes for building owners across Florida, all within a relatively short time.

 

  • Under the new legislation, a licensed engineer or architect must visually evaluate condominiums older than 30 years, or 25 years if the building is within 3 miles of the shore, and every 10 years thereafter.

 

  • A secondary inspection will be required if there is evidence of significant structural damage.

 

  • The new rule also mandates that condo organizations review their reserve money every ten years to ensure that they can cover substantial repairs.

 

This is a great Video to start your education on SB-4D

https://www.youtube.com/watch?v=0QdEqUgL1CM&t=51s

Milestone Inspections

Addition of F.S. 533.889 – Milestone Inspections

 

What buildings does this law affect, and what does the new law say? 

Structural inspections are now mandatory for condominium and cooperative buildings that are 3 stories or greater in height.

 

What do I have to do?

Have a Milestone Inspection performed when a building is 30 years old and every ten years after the initial inspection. If your building is within 3 miles of the coastline, a Milestone Inspection must be performed when the building is 25 years old and every ten years after the initial inspection.

 

What else do I need to know about this inspection? 

The purpose is to verify the safety and adequacy of the structural components of the building. There are two possible phases of this Milestone Inspection. If you pass the first, you don’t need the second. If you don’t pass the first, you’re required to have the second performed, which is much more extensive.

Phase 1is a visual examination and qualitative assessment. Ideally, this will be all you have to complete.

Phase 2is a full assessment of distress to determine if the building is structurally sound and safe for its intended use. The inspector is to recommend a program for complete evaluation and repair of distressed and damaged portions of the building.

On SFPMA.COM find the top rated engineers for your SB-4D Inspections.

A Florida Licensed Engineer or Architect must perform both phases of this Milestone Inspection.

Find the Top rated Engineers on our State of Florida Members Directory. Members are located all over Florida, Boards, Managers, Owners, Investors can view our open directory and find these companies to start the Inspections.

 

When is the deadline?

If your building is over 30 years old (or 25 if you’re within 3 miles of the coast), you must complete this inspection by December 31st, 2024.

 

We at SFPMA recommend you know about this new Florida condo law?

Don’t wait to get started on this. If you act now, you can likely avoid a Phase 2 inspection by correcting any items that might force you into a Phase 2, before the December 31st, 2024 date. Those who wait may be forced into a more expensive Phase 2 can’t make necessary repairs in time. (*If a building is less than 3 miles from the coastline, these inspections start at year 25). 

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JUST WALK AWAY – By Eric Glazer, Esq.

JUST WALK AWAY – By Eric Glazer, Esq.

JUST WALK AWAY

By Eric Glazer, Esq.

I was recently watching an interview of a black belt in karate.  In addition he was built like The Hulk.  He started to say what he does when someone curses him out and even challenges him to a fight.  I was certainly expecting him to describe how he turns others into rubble.  On the contrary, he said that whenever he finds himself in that position, instead of fighting back, he simply walks away.  To say I was originally surprised is an understatement.  I mean this guy could pulverize any opponent.  Instead, he chooses to just walk away.

He spelled out why.  If he beats someone up he faces both criminal and civil charges.  And for what?  Because some dope said a few nasty words about him?  Much better to just walk away from any situation that allows for it.  Wow, I was impressed by this guy’s brain, not just his muscle.

It got me to thinking about my career in condominium and HOA law.  How much time in my life did I spend hearing board members and unit owners verbally go at each other.  How much time in my life did I spend hearing unit or homeowners argue with other unit or homeowners?  It’s ridiculous.

In none of these arguments was anything accomplished whatsoever.  They were all a waste of time for those arguing and everyone who unfortunately had to listen to the nonsense.  I’ve seen physical fights break out and even walkers and canes fly through the air.  And for what?  What was accomplished?  Nothing.

So, board members, unit owners, home owners and even managers, I’m talking to you.  Next time someone is looking for a fight, do what the karate guy does, walk away.  It will probably drive the other person crazy.

 

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AQUATIC PEST CONTROL- Allstate Resource Management offers full service larvicide spraying and/or briquette treatments

AQUATIC PEST CONTROL- Allstate Resource Management offers full service larvicide spraying and/or briquette treatments

AQUATIC PEST CONTROL

Allstate Resource Management offers full service larvicide spraying and/or briquette treatments to attack the insect’s breeding ground.
GOT MOSQUITO OR MIDGE ISSUES?
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There are many weapons in the war against these types of pests!
Call us today for a free quote!
954-382-9766
info@allstatemanagement.com

 

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ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

ZOOM: All About Insurance | Juno Beach Town Hall w/Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)

All About Insurance | Juno Beach Town Hall

9:00 am-11:00 am 02/24/2023

Juno Beach Town Hall
340 Ocean Dr, Juno Beach, FL 33408, USA

Coffee, Registration and Networking 9:00am | Seminar begins at 9:30am

To attend at the venue: RSVP to (302)588-3104 or email junobeachforum@hotmail.com

Attend via Zoom: Click HERE

The marketplace for insurance – Why are companies leaving Florida or choosing not to insure? What is the role of Citizen’s Insurance?

What is in the recent legislation that is helpful to condo associations and HOAs?  Is there more legislation looming?  How does helping the insurers help owners and associations?

Which upgrades to your facilities will positively impact on an insurer’s willingness to insure your association?

Panel:

  • Jeffrey A. Rembaum, Esq, BCS (Kaye Bender Rembaum)
  • Chris Banker, President (Patriot Insurance)
  • Steven Mock, Risk Manager (Brown and Brown Insurance)

 

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RECOGNITION OF PRESIDENTS? By Jan Bergemann on Condo and HOA Blog

RECOGNITION OF PRESIDENTS? By Jan Bergemann on Condo and HOA Blog

RECOGNITION OF PRESIDENTS?

By Jan Bergemann on Condo HOA Blog




I know that there are many good presidents who are working hard for the good of the community, keep open books and openly communicate with the members of the association.

But then there are lots of presidents, drunk with power and full of themselves. You wouldn’t believe the many ugly stories I’m hearing daily about presidents behaving like Joseph Stalin, Adolf Hitler or Fidel Castro. With the help of greedy attorneys and community association managers they create dictatorships that make living in community associations a living nightmare. They are even willing to ignore arbitration and court rulings and continue their evil doings even after being officially removed by elections or recalls. They are even willing to waste the association’s money on ridiculous appeals court filings.




The real reason why this can even happen in a so-called “civilized” country like the USA: The unwillingness of our government to enforce the many laws legislators create every year.

Many of these laws turn out to be just a waste of paper because too many of the so-called “specialized” community association attorneys are willing to help these dictatorial presidents to circumvent these laws, telling owners, who stand up at meetings to challenge actions of the board that violate the laws, to “sit down and shut up since they don’t have the money to sue the board anyway”!

Living in a community association isn’t something you can just enjoy by not participating, willing to ignore to happenings in the neighborhood until it’s too late. Apathy of owners allows these dictatorships to be created in the first place. Don’t let apathy destroy your community.

REMEMBER: EVEN THE BEST COMMUNITY IS ONLY ONE ELECTION AWAY FROM DICTATORSHIP.

Jan Bergemann

Jan Bergemann is president of Cyber Citizens For Justice, Florida ‘s largest state-wide property owners’ advocacy group. CCFJ works on legislation to help owners living in community  associations. He moved to Florida in 1995 – hoping to retire. He moved into a HOA, where the developer cheated the homeowners and used the association dues for his own purposes. End of retirement!

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FOUR STEPS TO A BETTER COMMUNITY By Rafael Aquino

FOUR STEPS TO A BETTER COMMUNITY By Rafael Aquino

FOUR STEPS TO A BETTER COMMUNITY

By Rafael Aquino

Community associations often face challenges and issues requiring prompt attention and resolution. Whether it’s handling maintenance and repair needs, managing common areas, or addressing resident concerns, community associations need to work with the right partners to ensure that matters are resolved promptly and effectively.

Here are a few reasons why Florida community associations need to work with the right partners:

  1. Ensuring Quality Work

One of the most important reasons to work with the right partners is to ensure that the work performed is high quality. Whether hiring a landscaper or a maintenance technician, working with reliable and experienced professionals will help ensure that the work is done properly and to the association’s satisfaction.

  1. Saving Time and Money

Another reason to work with the right partners is to save time and money. By working with partners with a proven track record of delivering quality work, community associations can avoid hiring additional contractors or redoing work incorrectly done the first time. This can save the association time and money in the long run.

  1. Minimizing Risk and Liability

Working with the right partners can minimize risk and liability. This is especially important for community associations, as they maintain and manage common areas that all residents use. By working with licensed, insured, and experienced partners, associations can minimize the risk of accidents, injuries, and other liabilities arising from improper maintenance or repairs.

  1. Improving Communication

Working with the right partners can also help to improve Communication within the community. When community associations work with reliable partners, residents can be assured that their concerns and needs are being addressed in a timely and effective manner. This can improve resident satisfaction and create a more harmonious community.

In conclusion, working with the right partners is essential for Florida community associations to ensure that their needs and the needs of their residents are met. By providing quality work, saving time and money, minimizing risk and liability, and improving Communication, community associations can create a safe, attractive, and enjoyable community for all residents. So, it’s important to take the time to research and choose the right partners to work with for the success of the community.

As the Co-Founder and CEO of Affinity Management Services, Rafael P. Aquino leads his team to redefine excellence. They serve community associations efficiently and effectively with dedication and passion.

 

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Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

Join SFPMA Members and others on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

Join us on Wednesday, February 22, for the Palm Beach Condo & HOA Expo.

This one-day event is an opportunity to network with industry experts, browse the latest products and services, and learn how to better manage and maintain your Condo or HOA. Learn more at www.pbcondohoaexpo.com.

Board Members, Managers Sign up for the Seminars and educate yourself then bring back what you learned to the Building Owners.

 

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Friday 2pm Est | They Did What? How SB-2A Affects Your Association by KBRLegal

Friday 2pm Est | They Did What? How SB-2A Affects Your Association by KBRLegal

Friday 2pm Est | They Did What? How SB-2A Affects Your Association

Presented by Shawn G. Brown, Esq., BCS (Kaye Bender Rembaum)

Feb 10, 2023 02:00 PM

Register NOW

The Florida Legislature convened for a Special Session specifically to address property insurance and other topics starting December 12, 2022. Among the legislation, the Legislature passed Senate Bill 2A, which makes sweeping changes to the property insurance claims process, reinsurance, regulation of insurance companies and more. This webinar will summarize SB-2A.

Speaker: Shawn G. Brown, Esq., BCS (Kaye Bender Rembaum)

This webinar is informational only, is not to be considered legal advice, and contains no CE credit (or certificates).

 

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CAN YOU REPEAT THAT? Is Your Condominium in Compliance?

CAN YOU REPEAT THAT? Is Your Condominium in Compliance?

  • Posted: Feb 08, 2023
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CAN YOU REPEAT THAT?

Is Your Condominium in Compliance?

Additional Clarity Provided

If your condominium is greater than 75 feet tall, then you need to read this article (most especially due to a small but meaningful typo in the prior version which is now revised with the red text below).

It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code (the “Fire Code”). For the safety of all residents, associations must ensure they stay up to date with the latest and greatest in fire safety provisions. One of these essential safety features is a requirement that systems be built into new and existing buildings to ensure that first responders’ radios will work throughout buildings in an emergency situation. Pursuant to Section 11.10.1 of the Fire Code, “in all new and existing buildings, minimum radio signal strength for fire department communications shall be maintained at a level determined by the AJH [the authority having jurisdiction]. Additionally, Section 11.10.2. provides that where required by the authority having jurisdiction, two-way radio communication enhancement systems must comply with the requirements of the Fire Code.

When originally adopted, the requirements of Sections 11.10.1 and 11.10.2 of the Fire Code applied only to new buildings, so the requirement was not a burden on existing buildings. However, in 2013, the Fire Code was updated as set out above to provide that all new and existing buildings must maintain adequate fire department radio signal strength inside the building. This new requirement applied to all buildings and did not provide a grace period. This posed a significant problem for many high-rise condominiums, as the installation of the necessary equipment involves opening walls and ceilings and can be quite costly to the association. The cost of such installation was a substantial burden to condominiums, not expecting to be required to install same, and therefore never budgeted for the installation.

Recognizing the problem, in 2016 the Florida Legislature adopted section 633.202(18), Florida Statutes, which provided a grace period for high-rise buildings. Existing high-rise buildings were not required to comply with minimum radio strength for fire department communications until January 1, 2022. You may be thinking, “that date is passed”, but do not panic. If your condominium has not yet complied with the requirements, have no fear. The 2021 Florida Legislature amended section 633.202(18), Florida Statutes, to provide another extension for compliance.

In accordance with the newly amended statute, existing high-rise buildings now have until January 1, 2025 to come into compliance with the requirements. However, the association must apply for an appropriate permit for the required installation by January 1, 2024. More specifically, section 633.202(18), Florida Statutes, is amended to provide, in pertinent part, that:

(18) The authority having jurisdiction shall determine the minimum radio signal strength for fire department communications in all new high-rise and existing high-rise buildings. Existing buildings are not required to comply with minimum radio strength for fire department communications and two-way radio system enhancement communications as required by the Florida Fire Prevention Code until January 1, 2025. However, by January 1, 2024, an existing building that is not in compliance with the requirements for minimum radio strength for fire department communications must apply for an appropriate permit for the required installation with the local government agency having jurisdiction and must demonstrate that the building will become compliance by January 1, 2025. Existing apartment buildings are not required to comply until January 1, 2025…

Therefore, all existing high-rise buildings must come into compliance by January 1, 2025. It is important to note that this time extension applies only to high-rise buildings. By way of over simplification, it does not apply to buildings less than 75 feet tall (the measurement can be tricky, so if your building is close to 75 feet check with your association attorney regarding this measurement). In 2018, the Florida Department of Financial Services, Division of State Fire Marshal issued a Declaratory Statement finding that section 633.202(18), Florida Statutes does not apply to the enforcement of Section 11.10 of the Fire Code to buildings under 75 feet in height. Therefore, if your building is greater than 75 feet in height, it is required to comply with the radio signal strength required by the authority having jurisdiction at this time.

In light of the foregoing, it is essential that your association take action to determine whether sufficient fire department radio signal exists in your building. We recommend the association reach out to the local fire code official to determine the exact requirements for your jurisdiction. If sufficient signal does not exist in your building, it is essential to prepare a plan (including design, permits, financing, etc.) to ensure that your building will comply by the deadline of January 1, 2025.
What Are the Duties of Condominium Boards?

What Are the Duties of Condominium Boards?

What Are the Duties of Condominium Boards?

Condominium boards have complete management responsibility for their community. Even if they outsource some duties to a professional management company, boards still retain these responsibilities. Since individual homeowners, who may not be well-versed in real estate management and legal issues, serve on these boards, all members should understand their duties and responsibilities. Condominium boards should also retain experienced legal counsel and/or accountants to be information resources and advisers.

Condominium Association Bylaws

Board members must become intimately familiar with their condominium association bylaws. Management of all condominiums is governed by the association bylaws. Board members must understand all items addressed in the bylaws, often called the “condo docs.” Further, boards must learn all state statutes that relate to bylaw subjects and strictly follow the letter of state laws to avoid legal problems.

Common Areas and Building Exteriors

The condominium association board must maintain–and keep in good repair–all common areas and building exteriors. Common areas are those used by all unit owners who have deeded title to small percentages of these areas. These areas include building lobbies, open land or parks, tennis courts, pools and other amenities available to all residents. Whether a high-rise style, townhouses or cluster housing, building exteriors require maintenance and repair, particularly the siding and roofs.

Condominium Association Budget

Creating and managing the association budget is a critical duty for condominium boards. The most common reason for condominium problems is mismanagement or misuse of the budget. Association boards without an experienced accountant as a member should consider getting advice from an outside CPA to ensure that their budget is reasonable and complete. Condominium budgets should be built like those of nonprofit corporations. By estimating expenses, including insurance, landscaping, trash removal and similar operating costs for the coming year, the association board determines the amount of monthly individual homeowner assessments, commonly called “condo fees.”

Maintenance and Repair Reserves

Along with operating expenses, the association must carefully consider the funds needed as “reserves” for maintenance and repair. As part of the budgetary process, establishing realistic reserves is often overlooked by association boards, sometimes with dire consequences. For example, picture a 48-unit high-rise condominium, with each unit having a suspended wooden deck for relaxing and entertaining. Decks need periodic staining and water protection applications. Further, on older condominium projects, deck replacement would be needed at some point. Neglecting to build reserves into the annual budget for deck maintenance and replacement could result in “special homeowner assessments” of thousands of dollars. Condominium boards must diligently add these to annual budgets to build up cash to make these repairs.

Collecting Assessments

Monthly homeowner assessments–condo fees–must be collected by condominium boards. While most condominium bylaws permit boards to place liens on individual units for unpaid condo fees, liens do not equal money. Unit owners may not refinance or sell their homes for many years, leaving the condominium association short of funds to meet budget and reserve demands. Boards have a duty to establish an effective collection policy, much like a bank, to ensure consistent monthly cash flow into the association account to meet operating expenses.

Fiduciary Duty

Condominium associations must fulfill their fiduciary responsibility to manage the project in a businesslike and conservative manner. Depending on the size of the condominium project, association boards may manage many dollars and complex business issues. Fiduciary duty is typically measured by evaluating the actions of individuals or groups that “reasonably prudent” persons would take. For example, neglecting to collect condo fees, putting sufficient reserves in the budget or not completing necessary repairs is a breach of fiduciary responsibility. Condominium boards usually have individual and collective fiduciary responsibility and could be subject to serious lawsuits from unit owners for failing to act prudently.

 

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