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Condominium Unit Owner Insurance The Risks of Not Purchasing Insurance For Your Condominium Unit

Condominium Unit Owner Insurance The Risks of Not Purchasing Insurance For Your Condominium Unit

Condominium Unit Owner Insurance

The Risks of Not Purchasing Insurance For Your Condominium Unit

Do you think you do not need condominium insurance because your condominium association has it? You would be so very wrong if you do! It has happened more times than I can count—the supply line that feeds the toilet ruptures in the upstairs unit while the owner of the unit is out of town, the upstairs unit owner forgot that he or she started to fill the tub and it overflows, or the upstairs unit owner ignores a broken toilet, all of which result in water flowing down into the unit below. Next thing you know, the remediation workers arrive and start ripping out the soaked, damaged drywall in the units below and after cutting holes in the drywall use their industrial-sized blowers to dry things out to prevent mold.

Meanwhile, the downstairs unit owners want to have a “word” with the upstairs unit owner to discuss who is going to pay for the repairs. They demand a copy of the upstairs unit owner’s insurance policy. The owner of the upstairs unit where the leak occurred smiles and explains, “The condominium association has insurance. They’ll take care of it.” Right? Wrong! Even if the condominium association has the duty of repair to portions of the damaged property, typically the damaged common elements, the upstairs unit owner is not off the hook because both the condominium association and its insurance company can often “subrogate” their financial damages against the upstairs unit owner and so, too, can the downstairs unit owners and their insurance companies. At the end of the day, the upstairs owner who caused the damages could have significant financial liability. (In plain English, to “subrogate” a claim means that one party goes after the other for their financial damages for having caused the damage in the first place.)

So, now that I have your attention, most especially if you are a unit owner who does not have insurance for your unit—in the example described above, not only can the upstairs unit owner bear significant financial liability, but even their condominium unit is at risk of being foreclosed to satisfy a judgment against them—and there is no homestead protection! Because the upstairs unit owner decided not to purchase insurance, he could actually lose his unit in a foreclosure. The following explanation is why:

By way of oversimplification, the Condominium Act, more specifically, §718.111(11)(f), Florida Statutes, requires the condominium association to insure everything that the unit owner is not responsible to insure. The unit owner is responsible to insure

all personal property within the unit or limited common elements, and floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing which are located within the boundaries of the unit and serve only such unit…  the association is not obligated to pay for any reconstruction or repair expenses due to property loss to any improvements installed by a current or former owner of the unit or by the developer if the improvement benefits only the unit for which it was installed and is not part of the standard improvements installed by the developer on all units as part of original construction, whether or not such improvement is located within the unit.

But, however, the unit owner’s insurance policy, typically referred to as an “HO-6 policy,” not only includes coverage for the items set forth above plus other personal items, but also includes liability coverage for having caused damages to the condominium property.

§718.111(11)(j)1–2, Florida Statutes, makes patently clear that

A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer.

The provisions… regarding the financial responsibility of a unit owner for the costs of repairing or replacing other portions of the condominium property also apply to the costs of repair or replacement of personal property of other unit owners or the association, as well as other property, whether real or personal, which the unit owners are required to insure. (emphasis added.)

Furthermore, also pursuant to §718.111(11)(g)2, Florida Statutes

unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance [set out above], or for which the unit owner is responsible, and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment and may be collected in the manner provided for the collection of assessments pursuant to § 718.116, Fla. Stat. (emphasis added.)

§718.116, Florida Statutes, is the unit fore-closure section of the Condominium Act which explains the steps necessary to foreclose against an owner’s unit for failing to pay assessments.

In condominium living, the general rule is that the party who has the duty of purchasing insurance for a particular portion of the condominium property also has the primary duty to repair the damages to such portion regardless of fault (unless the condominium association has opted out of that regime by a vote of the unit owners, which is a rarity). But, simply because the condominium association has insurance and may have that primary duty of repair after the insurable casualty event, that does not mean that the negligent unit owner that caused the damage will not be the primary target for reimbursement for expenses incurred by the condominium association’s insurance company or by the condominium association for its deductible and related expenses. The same concept applies for the downstairs unit owners, who could seek reimbursement from the upstairs unit owner for any necessary expense incurred because the upstairs unit owner was negligent.

There are typically two parts to the HO-6 insurance policy, the primary coverage for personal losses and the other for liability coverage. Condominium associations should consider amending their declaration to require every unit owner to have both personal and liability coverage, and at a minimum, liability coverage. Your condominium association should discuss this requirement with the condominium association’s insurance agent as well as review the possibility of amending the declaration of condominium with legal counsel.

Anytime a condominium association experiences a casualty event, in addition to reporting the claim to the insurance carrier, usually through the condominium association’s insurance agent, the condominium association should be in touch with its legal counsel to explore all the different aspects necessary to both repair and reimburse the condominium association for its financial losses. At the end of the day, owning a condominium unit and not having purchased insurance is similar to taking a rowboat out on a rough sea day without life preservers.

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 20 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.
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1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member, Licensed and Insured Roofing Contractor in the State of Florida.

1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member, Licensed and Insured Roofing Contractor in the State of Florida.

  • Posted: Nov 03, 2022
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Meet Eduardo Mondragon, the President of 1st Choice Restoration Consultant Inc./dba Roofing Team. An SFPMA Member and Licensed and Insured Roofing Contractor in the State of Florida.

This introduction is to let you learn more about our goal to working with the property management, condo and hoa’s to provide you our services.

We have a lot of experience accumulated over 30 years in the construction sector and specialized in Roofing. My crews are bilingual. I am located on Palm Beach, We do all phases of roofing like repairs, re-roofing, new construction roofing and roof maintenance.

1 Choice Restoration Consultant Inc

Roofing, Waterproofing & Stone and Building Restoration

Our corporate experience and the individual skill of our superintendents and tradesmen are keys to a successful job. We know what materials and techniques will yield the highest performance for your specific conditions and budgets. We advise clients on the methods most appropriate for cost and time savings. The best evidence of our successful craftsmanship is the long list of repeat customers, owners, contractors and construction managers who invite us to work on their projects.

Our strength is in our ability to address any situation presented. Whether it is development and completion of yearly maintenance plans, or the complete structural restoration of a structure, we have the knowledge, ability, and manpower required. Our knowledge and experience allows us to work hand in hand with owners, operators, and engineers in the development and implication of project budgets, repair techniques, and high-quality on-time repairs.

Learn more and please contact us for your roofing projects.

 

Eduardo Mondragon
Roofing Team dba 1st Choice Restoration Consultant Inc.
561-929-4329 Office
561-889-6520 Cell
407-779-8306 Cell
561-258-8205 Fax
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The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years

The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years

  • Posted: Oct 28, 2022
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MANDATORY RESERVES

By Jan Bergemann

Finally the Florida Legislature got the message they should have gotten 20 years ago: FULLY FUNDED RESERVES ARE MANDATORY!

And even if the legislature gave condo owners a reprieve until December 2025, condo owners should start now to consider their options:

Will they be able to afford the much higher maintenance fees they will have to pay monthly in the future or will these much higher fees break their household budget?

Let’s just face it: For most of the years past condo owners waived reserves in order to keep maintenance fees artificially low – meaning that many of the associations at this point don’t have any reserves worth talking about. Remember: According to media reports the Champlain Tower South had only $700,000 in reserves, but needed about $16M to pay for the necessary repairs.

That will have to change real fast and the fact that many of the required inspections will have to be followed up by costly repairs and maintenance high special assessments are on the horizon for many hi-rise buildings (buildings higher than three floors).

As much as this change to the Florida statutes was long overdue it will definitely price quite a few families out of their homes. But in all reality there is really no other way around it and the fact that many condo owners used the loophole in the statutes that allowed waiving the funding of reserves is now coming back to haunt the owners who in former times dismissed the idea of funding reserves.

We already see condo owners protesting against boards about the problems that are visible in these buildings. The big question in these cases: Does the association have the necessary funds to take care of the needed maintenance and repairs or are the owners willing and able to pay the special assessment the board might have to levy in order to pay for the contractor?

The mandatory funding of all the required reserve funds will make living in these hi-rises very interesting in the next two years – and we will have to see how strong the government agencies tasked with overseeing these new provisions in FS 718 are enforcing these provisions.

Our Blog ( Industry Articles ) can be found on SFPMA.com – between our writers and all members of sfpma we have been for over 15 years keeping our industry up to date with the right Legal, Business and Services Articles. SFPMA sends and publishes these and sends to over 230,000 emails keeping everyone informed.

Look for our article upcoming on Condo Funds and Investments, on SFPMA

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We are Valcourt Building Services, the premier provider for waterproofing, window cleaning, and restoration services.

We are Valcourt Building Services, the premier provider for waterproofing, window cleaning, and restoration services.

  • Posted: Oct 28, 2022
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Valcourt Building Services

863-244-3495

We are Valcourt Building Services, the premier provider for waterproofing, window cleaning, and restoration services. With over 30 years of experience, we’ve performed tens of thousands of repairs and maintenance on the complete building envelope. So no matter what your building requires, we have the knowledge and expertise for all of your exterior maintenance needs.

Founded in 1986, we have grown from a single-operating company serving the Washington, D.C. area into one of the largest exterior maintenance companies in the nation. We maintain offices in Virginia, Maryland, New Jersey, Georgia, Florida, and Texas. Each of our offices has a strong local staff with decades of experience in the industry — and our corporate team backs them all with resources and best practices to ensure we’re operating at the highest level in every market.

 

The Leader in Building Envelope Solutions

If you have a commercial property in the Florida/Southeast US market, Valcourt is the premier provider for all your restoration needs. As a specialty contractor that has been waterproofing and restoring commercial building exteriors for over 30 years, we know the issues inside and out.

We specialize in servicing the complete building envelope with a full range of services, including facade restoration and repair, garage restoration and repair, plaza deck restoration and repair, and more.

President Paul Alliston leads a full-service team with departments dedicated to operations, safety, sales, administration, and customer service. Our team is composed of employees at all levels of our organization who are experts in the building restoration and waterproofing industries; from management to our field superintendents, many of whom have been with Valcourt for over 10 years.

So give us a call and experience firsthand why thousands of property managers and building owners choose Valcourt Building Services every year.

 

“We have been able to partner with Valcourt on exterior restoration and enhancement projects at multiple locations around the country. Their organization, professionalism, and communication has been spot on for each project. I especially appreciate their team approach to business and attention to detail. We’ve been able to work hand in hand seamlessly to provide an end product for facility owners that meets their goals of improving their facility image.”
 -John Ketenbrink, LMH Architecture

Antonio Posadas
863-244-3495
aposadas@valcourt.net
Valcourt Building Services
Business Development Manager
Florida Office: 941-747-7277

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4 Signs It’s Time to Consider a Security System Upgrade

4 Signs It’s Time to Consider a Security System Upgrade

  • Posted: Oct 17, 2022
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4 Signs It’s Time to Consider a Security System Upgrade

 

Is your security system equipped to help you monitor your property on a 24/7 basis? If you are fortunate enough that your facility still has the same security needs as when you initially installed your security system, and that system hasn’t been rendered obsolete in recent years, it could still cause issues in the future.

Consider your computer— a five year old PC is likely to experience issues such as freezing, crashing programs, or slow operation. Your business’s security system can develop similar issues over time, and if your system experiences a major error and needs to be rebooted, your property may be left defenseless.

Security technicians may be able to help maintain older systems, yet there may come a time when it is more cost effective to invest in a full system upgrade.

Older security systems are tied to a variety of issues that prevent property owners from efficiently securing the building; however, modern security systems offer exclusive benefits and new features. Security technology has developed exponentially in the past decade, enabling users to add more effective features like access control, HD security cameras,  automated alerts and schedules and other remote monitoring features.

Installing a new system that incorporates these features will bring efficiency to security management, helping to increase productivity and improve your bottom line.

Remember: your business security system isn’t a “set it and forget it” tool; rather, it’s crucial to keep up with routine maintenance and stay up to date on the latest trends and innovations.

This post examines four factors that signal it may be time to begin researching a security system upgrade. 

Your Security Camera System Can’t Accommodate Change

Older security camera systems were not built to accommodate change. If you find yourself struggling to try and make angles or shots work for your surveillance needs instead of adding additional devices, it may be time to upgrade your basic system. Modern IP based system hooked up to commercial grade servers can allow you to expand as your needs grow to add cameras and additional monitoring devices.

 

Alarm System Doesn’t Allow for Remote Control

As we mentioned earlier, security technology is rapidly evolving: products that were considered “top-of-the-line” five years ago are now obsolete. If you purchased a hard-wired alarm system years ago, you may not be able to control it remotely, meaning that it doesn’t have access or sensors for the locks, leaving your property vulnerable.

Large security software and hardware manufacturers continuously release updates that are designed to make the system more efficient and burglar proof.

Smart locks are a great modern tool to improve security, as users can access them remotely without the use of a key. Smart locks work even when the power is out and they cannot be jammed

 

Property Features Low-Resolution Security Cameras

Camera quality is imperative for efficient property surveillance, making the difference between catching the criminals and losing all the evidence. Many property owners initially install security cameras to recognize and deter potential criminals, so if you have a low-resolution camera that produces grainy images, you’re sabotaging your chances of apprehending the criminals.

High-definition video quality isn’t just important for your home entertainment system: the same technology comes is incredibly useful for surveillance. With the availability of the high-resolution cameras, there’s little you reason to hold on to your old system.

 

Surveillance System Is Lacking Remote Monitoring Capabilities

In recent years smart phones and tablets have advanced to be able to track your workouts, diet, and finances, so why shouldn’t you be able to track your building’s security as well? Having a video management system that you can access and control remotely not only reduces response times in the event of a break-in but also helps to eliminate the need for around-the-clock security officers.

From an operations standpoint, having 24/7 access to view your business allows you to plan around weather conditions, monitor traffic patterns, and assess employee efficiency. Frankly, not having that option puts your business at a disadvantage in the competitive marketplace.

Is your building’s security hinged on outdated security technology? Schedule a no-cost property evaluation and we’ll assess how an updated system can improve your property’s security.

EVENT: Jeffrey Rembaum (KBR Legal) will lead a substantive review of Bill SB-4D (Condo & Cooperative building safety) on October 17th

EVENT: Jeffrey Rembaum (KBR Legal) will lead a substantive review of Bill SB-4D (Condo & Cooperative building safety) on October 17th

SIGN UP NOW to WATCH this WEBINAR

Jeffrey Rembaum will lead a substantive review of Bill SB-4D

(Condo & Cooperative building safety) on October 17th.

Please see the flyer for details and share with anyone who will benefit from this.

The link to RSVP is: https://us02web.zoom.us/webinar/register/WN_w-aSiEr6SAqNuNmd-tUJsA

 

Bill SB-4D Has Passed…Now What? A Panel Discussion

In May of 2022 new building safety legislation was passed during a special session. Join us for this important informational discussion as Jeffrey Rembaum, Esq. BCS of Kaye Bender Rembaum will provide a substantive review of Bill SB-4D. Attendees will learn about the history of the bill, how your association is affected and what you may need to do.

Other professionals on hand will include Nicole Johnson-Pendergrass & William Kilgallon (Haferco CPAs & Consultants), Jayme Gelfand, PCAM (Truist Bank), Rudy Martin (m2e Consulting Engineers) and Brian Street (Castle Group).

Note: This webinar is for informational purposes only and does not contain CE credit for CAMS.

Learn more on the New Website on the State of Florida PMA website. 

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Important Hurricane Ian Recovery Information from the Falcon Emergency Service Team 

Important Hurricane Ian Recovery Information from the Falcon Emergency Service Team 

Engineers • Architects • Drone Services • Capital Reserve Specialists • Energy Consultants • Litigation Experts

Important Hurricane Ian Recovery Information from the Falcon Emergency Service Team 

In the event your home or business has suffered storm damage as a result of Hurricane Ian, The Falcon Group is here to help. The Falcon Group has been in business for over 25 years with extensive experience in post-disaster recovery. As one of South Florida’s largest forensic engineering and restoration engineering firms with over 40 local engineers, architects, and technical staff in South Florida, we have strategically-located offices in St. Petersburg, West Palm Beach, and Miami ready to mobilize. Falcon has successfully worked with numerous clients (commercial, residential, legal, public adjusters) and assisted in recovery of claims in excess of $500 million throughout South Florida.

The Falcon team can also provide the following services:

Emergency Damage Infrastructure Evaluations

Windstorm and Flooding Safety Evaluations, as per ATC https://www.atcouncil.org/pdfs/ATC45appendixE.pdf

Structural Damage Assessments

Unmanned-Aerial-Vehicle (UAV Drone) Inspections of roofing, and visible structures

Sea Wall Inspections

Building Envelope Evaluations

Insurance Causation Reports

The Falcon team of engineers, forensic experts, and drone pilots are standing by to fully assist you in navigating through the difficult claims, analysis, and rebuilding process.

You can reach our disaster recovery experts at 813-438-3568:

Sinisa Kolar, P.E., FBRSE – Principal SKolar@thefalcongroup.us

William Pyznar, P.E. – Principal WPyznar@thefalcongroup.us

CONTACT US

1211 1st Avenue, N., Suite 300

St. Petersburg, FL 33705

(813) 438-3568

15405 NW 7th Avenue

Miami, FL 33169

(305) 663-1970

5651 Corporate Way, Suite 4

West Palm Beach, FL 33407

(561) 290-0504

 

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IF THERE EVER WAS A TIME TO GET EDUCATED – Update

IF THERE EVER WAS A TIME TO GET EDUCATED – Update

Update:  Eric Glazer, Esq.
Published October 10, 2022

Rumors of my demise have been greatly exaggerated.

I just spent a week in the hospital — again with kidney stone issues.  This is I believe the 5th time I needed some sort of surgery for this never ending painful problem.  I left the hospital with a tube coming out of my right side.  I still need a lithotripsy procedure.  That’s the one where you lay down in water and they zap your kidney stones hoping to break them up.  I’m guessing I have another week or two of this insanity.

I want to apologize to the wonderful people at the L&L Condo and HOA Expos.  As all of you know, I always attend all of their shows all around the state and have the honor of kicking off the event by doing my board certification course.  Unfortunately I won’t be able to attend the events In Palm Beach and in Broward.  I am desperately hoping to attend the events in Orlando and Tampa.  I think all of you know that I love nothing more than being with all of you, teaching you, and answering your questions.  It’s simply my favorite part of being an attorney.  It’s killing me that I can’t teach the classes that so many of you attend each and every year.  However, L&L will be finding another well qualified attorney from another law firm to teach and certify you.  I urge you to attend and continue to make the L&L shows the success that they always are.

I’m taking two weeks off from the radio show.  I expect to do the show October 16th — with or without a tube coming out of my side.  BY THE WAY……THAT’S THE SAME DAY I WILL BE ON 60 MINUTES — AS THEY ARE DOING A SHOW ABOUT WHETHER OR NOT GRANDMA AND GRANDPA CAN STILL MOVE TO A FLORIDA CONDOMINIUM IF THEIR SOLE INCOME IS SOCIAL SECURITY.  I think we all know the answer.   This really should be an amazing show which shines the spotlight on Florida condominiums but truly needs to be watched by the entire country as every state better follow Florida’s lead when it comes to mandating safety.

In any event, I hope to be back at my desk in a week or two and look forward to speaking with all of you again.  In the mean time, please get in touch with Rich, Pennie or Paul if you need immediate help.

PS: The nurse told me that the epidural was not invented to relieve pain from child birth.  It was invented to relieve pain from kidney stones!

 

We know everyone is wishing Eric Glazer a full recovery and well wishes.  Ouch

 

In light of the tragedy at The Champlain Towers in Surfside last year, The Florida Legislature, to its credit, passed massive condominium reform regarding safety, inspections and reserves.  These laws are confusing to those who work in the industry every day, never mind to those who serve on condo Boards throughout the state.

 

Stay up to date with the new law -FLORIDA BUILDING INSPECTIONS (SB-4D)

Florida Condo Building Inspections (SB4d)

http://FLBuildingInspections.com  a division of SFPMA

The State of Florida Property Management Association with Legal & Engineering Members are here to help you understand the new laws and how to take the correct action now to ensure you are in full compliance. 

 

The Florida Legislature thought that it was so important for condo boards to enforce these laws that they included a provision which considers a breach of these laws a breach of the director’s fiduciary duty.  Imagine, personal liability can be imposed against a director who fails to enforce these new laws.

Once again, I drafted legislation which would require Board members to learn these new laws in order to get certified and once again this requirement was removed from the statute.  It’s hard to believe, but The Florida Legislature drafted a law which imposes personal liability against those directors who fail to follow these new laws yet removed the requirement to learn these new laws.  In any event, I will again try to make learning these new laws a condition of becoming certified in the next legislative session.

As far as condominium Board members go…….there can be no more important time than the present to learn these new laws.  They are designed to keep you and your fellow unit owners alive.

Don’t dare get certified by signing that dumb, silly form that says I read my governing docs and promise to enforce them.  Even if you read your governing documents from cover to cover, you still wouldn’t learn any of the new condo laws.  What a disgrace that you can still become certified this way.

I am teaching at the following times and locations this month.  It is more imperative than ever to attend an educational course.  In fact, if you don’t learn the new laws and don’t apply the new laws on your condo board, you can face personal liability.  Moreover, any condo Board member who can’t find a few hours to take an educational course is not worthy of a single vote.  So what do you say?  Please register for any of the free following Condo Craze and HOAs Board Certification Classes offered around the state

Find the Condo & HOA Event Dates

 

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Prepare for Hurricane Ian Homeowners & Property Owners Preparedness Tips: by Cohen Law Group

Prepare for Hurricane Ian Homeowners & Property Owners Preparedness Tips: by Cohen Law Group

It is extremely important for you to have records of your property’s condition in the event that you need to file a claim with your insurance company.

Click Here For The Homeowners Guide To Storm Damage

Before The Storm:

  • Take photos of your property- Interior of Home, Exterior of Home, Roof, Pool and Pool Area, Fencing, Trees, Front Yard, Back Yard.
  • If you are not able to take photos before a storm, collect the most recent photos you have taken of your property.
  • Document belongings- with proper documentation, you may also be able to recover lost expenses for home contents, personal property, and other items. Here is a list of some items to consider keeping receipts for or appraising: Televisions, Furniture, Jewelry, Artwork, Appliances, Computers, Antiques, Beds, Decks, Other Electronic Equipment
  • Know what is in your homeowner’s insurance policy.
  • Have records of your property’s condition in the event that you need to file a claim with your insurance company.
  • Review your mold coverage.
  • Review your flood coverage. This is normally separate insurance policy.
  • Ask your insurance agent about coverage for water damage, law and ordinance, debris removal, and additional living expenses.
  • Check your hurricane deductible, it can be much higher than your regular deductible.
  • Have a plan to move yourself and your family – especially those with special needs.
  • Have a portable radio, TV or NOAA Weather Radio on hand to monitor important information.
  • Homeowners who depend on well water should draw an emergency supply.
  • Get cash or travelers checks in case banks or ATMs are not operational.
  • Ensure all your electronic/mobile devices are fully charged.
  • Gather important documentation and place in waterproof container.
  • Make arrangements for pets; emergency shelters may not let you bring your animals with you.
  • Find out where the nearest shelter is located and the routes to get there.
  • Fill your automobile(s) with gas or ensure your electric vehicle is charged.
  • If you have an emergency power source, learn how to use it properly.

After The Storm:

  • When it is safe to do so, photograph your property’s: Interior, Exterior, and Roof
  • Consult with an attorney experienced in handling insurance claims before giving any recorded statements or meeting with an adjuster assigned to the claim.
  • Call the insurance carrier and timely report the claim.
  • Homeowners should obtain an inspection by a qualified contractor and/or roofer to assess whether the hurricane force winds have damaged or diminished the roofing system and building envelope.
  • Take photos and record the questions and answers when talking to adjusters.
  • Make sure to keep track of the name and number of every person you talk to at your insurance company.
  • Check your Co-Insurance penalties.
  • Make a copy of the insurance policy and keep it in a safe place.
  • Check your policy coverages and sublimits.
  • Just because water has not began to enter the structure does not mean that there is not damage to their property.
  • We have seen too many homeowner claims where an engineer is hired months after the storm and the engineer states the damage preexisted the hurricane.
  • For more information about the work we do with insurance claims, Click Here.

Business Owners Preparedness Tips:

Click Here For The Large Loss Guide To Storm Damage

  • Businesses should pay close attention to the storm’s forecast over the weekend. The National Hurricane Center releases a new full advisory every 6 hours, at 5am, 11am, 5pm and 11pm EDT. They are issuing intermediate advisories every 3 hours, between the full advisories (1am, 8am, 1pm, 8pm EDT.)
  • During this time, it’s important to review your disaster and emergency communication plan.
  • Backup all data on servers and personal computers and ensure remote access is available.
  • Ensure your equipment is raised above potential flood levels.
  • Review your insurance policies to mitigate any possible gaps in coverage.
  • Protect and duplicate important business documents and records. Be sure they are accessible from anywhere.

For More Information Click The Link Below:

http://itsaboutjustice.law/hurricane-preparedness/

 

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It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code

It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code

  • Posted: Sep 22, 2022
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It is essential for condominium associations to ensure that their buildings are in compliance with the requirements of the Florida Fire Prevention Code

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:

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 less 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. The minimum requirements may differ by jurisdiction, and we recommend the association reach out to the local fire code official to determine the 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.

The law firm of Kaye Bender Rembaum, with its 20 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

The Firm is ranked ninth in South Florida and 62nd in the Southern U.S. among “Top 300 Small Businesses” by Business Leader magazine.

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