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

SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

SHOULD I USE A PUBLIC ADJUSTER? While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune.

  • Posted: Apr 26, 2022
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SHOULD I USE A PUBLIC ADJUSTER?

by Steven Sarasohon of Sarasohn & Company Public Adjusters

 

Most states license all insurance adjusters, whether they work for an insurance company or for the public. Adjusters working for the insurance companies are obligated to treat all claimants fairly and impartially. However, they are paid by the insurance companies for their efforts. The state recognizes that you, the policyholder, are entitled to representation and you may retain the services of a licensed public adjuster to assist in the claim process. Sarasohn & Company, founded in 1924, is a fourth-generation public adjusting company based in Boca Raton, FL.  As such, we can provide unparalleled expertise to get you the best possible settlement.

Our president, Stephen Sarasohn SPPA, is the third generation in his family’s business. His son, Bernard, joined the firm several years ago and is following in his footsteps. Stephen has been a public adjuster for 51 years and has held the professional designation Senior Professional Public Adjuster since it was first created in 1987. Stephen’s father, Ira Sarasohn SPPA, was one of the founding members of the National Association of Public Insurance Adjusters. Both Stephen and Ira were founding members of the Florida Association of Public Insurance Adjusters.

Property owners can certainly try to prepare and adjust their insurance claims themselves. However, as with most things in life, a great deal of benefit can be realized by hiring an expert to assist with a difficult and complex task. No public adjuster in Florida has as much experience as Stephen Sarasohn. Stephen has been certified as an instructor by the Florida Department of Financial Services and has taught insurance courses to the other public adjusters for their continuing education requirements. Sarasohn & Company has adjusted claims ranging from burglaries to plumbing leaks, to fires, to hurricanes, to airplanes crashing into buildings. The valuable experience we’ve gained, in our 98 years, benefits every client. We’ve adjusted a great many claims in excess of a million dollars, some of them in the tens of millions.

Not every professional is the same. When you need the assistance of an expert, you should hire the best expert. Contrary to another article on this site, damage caused by your negligence is not excluded.

While it would be wonderful if no one ever suffered damage to their property, it would be unrealistic to expect such good fortune. That’s why we all buy insurance. If you make a claim, the insurance company will have experts to represent their interests and you’d be well advised to do the same. For a free consultation regarding your damage or for a free review of your policy coverages, please contact us at any time at 561-368-5000

 

To Make it easy: You can contact us through Facebook: https://www.facebook.com/Sarasohn-Company-Inc-1571655336409086

On our Website or by Phone:   http://www.sarasohn.net/           (561) 368-5000

And on our Membership Page on SFPMA

 

 

 

 

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Delinquencies are starting to pick up so, Comply with Changing State Association Collections Laws Using Axela Technologies

Delinquencies are starting to pick up so, Comply with Changing State Association Collections Laws Using Axela Technologies

  • Posted: Apr 26, 2022
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Easily Comply with Changing State Association Collections Laws Using Axela Technologies

Are your community association’s collections in compliance with changing regulations?

Community association collections laws are changing. For many years, condominium associations and homeowners’ associations (HOAs) had a lot of freedom when it came to handling unpaid assessments. Community associations were able to pursue home and unit owners who fell behind in a variety of ways, because few state regulations interfered with the association’s right to collect overdue assessments. They were largely free to levy late fees, interest, collection costs, and legal fees against the delinquent home or condo owner. Condominium and HOA management firms, when acting as agents for their association clients, were similarly able to offer a collections process as part of their routine service offerings for their clients. This could include issuing warning letters, demand letters, and other collection notices, or even recording liens.

To say those days are over is an understatement. Although there are no federal regulations in place, many states now have condominium or HOA association collections laws that are designed to protect delinquent home and condo owners. While this type of consumer protection is really important, it’s created an unintentional side effect: community associations are more regulated and challenged than ever before when it comes to collecting the fees and assessments that are the lifeblood of their association.

Compliance 1

Community Association Collections Laws Vary by State

Make no mistake, these state laws must be obeyed and the consequences for violating them can be severe. Some states, like Florida, now require additional notices to be sent for certain types of collection activities, delaying the whole process. Other states, such as Texas, have such rigid requirements that many association management companies would rather pay a small fortune for an attorney than seek out cost-effective collections options, believing this is their best option to avoid risk.

Then you have states like Maryland where community association management firms are actually expected to acquire and maintain collection agency licenses in order to send out bills on behalf of their association clients. This is a huge burden being to place on management companies and creates yet another layer of risk. Maintaining a collection agency license requires extensive knowledge and practice of the current community association collection laws regarding the collection of delinquent fees from HOA and condominium unit owners–management companies should not be expected to shoulder that responsibility.

Compliance 2

Choose an Industry-Specific Collections Partner

Axela Technologies is licensed and insured in every state that we service.  Maintaining that knowledge of association collections law is a sacred duty that we take to heart so we can best serve the industry. We even offer indemnification to the associations and association management firms that retain our services to collect from their delinquent homeowners. This concept is so important, it merits serious consideration for any association management firm that wants to focus on delivering service excellence to its association clients without risking being sued for violating a state collection law.

Keeping up with the law changes in your state can be tedious and difficult. Let a specialized HOA and condo association collections agency handle that worry for you. Talk to one of our condominium and HOA delinquency collection experts to learn how best to collect those overdue fees and assessments while keeping your association management business and your association clients safe from the risk of handling collections without a license.

Compliance 3

 

Get your free collections analysis today and start working with one of our many HOA and condominium association collections experts.

Axela Technologies handles all collections on a merit-based system. We’ll help you make sure you aren’t putting your association at risk by violating federal or state consumer protection laws for your condominium or HOA.

 

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Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

  • Posted: Apr 24, 2022
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Becker’s Take it to the Board with Donna DiMaggio Berger podcast features a variety of guests including our very own attorneys from across the firm’s practice areas and offices.

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It to the Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

Episodes are available for subscription on iTunes, Amazon Music, Spotify, or listen through any podcast streaming app.

Rental Restrictions in Homeowners’ Associations by Robert L. Kaye – KBRLegal.com

Rental Restrictions in Homeowners’ Associations by Robert L. Kaye – KBRLegal.com

  • Posted: Apr 24, 2022
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A large percentage of Florida residential property owners are subject to restrictive covenants on their property, be it by a declaration of condominium or declaration of covenants. In addition to these restrictions, Florida Statutes contain additional restrictions that apply to these properties, some of which involve use restrictions. For condominiums, the provisions of the statutes are of a heightened significance because but for the statutes, condominium ownership of property does not exist. However, for homeowners’ associations, restrictive covenants have been in use for centuries, well in advance of the existence of such statutes. As a result, certain statutory provisions may not apply to every homeowners’ association in Florida.
There is a restriction within both the U.S. and Florida Constitutions that limit the ability of the state to enact a law that will impair an existing contract or vested contractual right. Use restrictions contained in declarations of covenants have been identified by Florida courts as existing contracts between the property owner and the entity that operates the community under the governing documents (the association). There is also case law in Florida that addresses whether a change in the statute applies to the community based upon if a particular phrase is included in the governing documents (commonly referred to as Kaufman language).
If the governing documents include Kaufman language, any changes made by the legislature in a given year will automatically be incorporated into the governing documents and apply to that community. Conversely, if there is no Kaufman language, only what is referred to as “procedural” changes made by the legislature will apply to that community. An example of a procedural change would be a change in a notice requirement for elections. Statutory changes that are “substantive” would not apply in that instance to that community. An example of a substantive change would be requiring the association to take on all exterior maintenance of the residential dwellings (presuming the documents do not already provide for that obligation). Without the Kaufman language in the governing documents, this latter statutory change would not apply to that community, as such change would likely be considered unconstitutional.
During the legislative session in 2021, Section 720.306 of the Florida Statutes was amended to add subsection (h), which provides, in pertinent part, that any amendment to a governing document after July 1, 2021 that prohibits or regulates rental agreements applies only to a parcel owner who acquires title to the parcel after the effective date of the amendment or to a parcel owner who consents to the amendment (with specific exceptions relative to short term rentals and limiting rentals to up to 3 times a year). However, under the analysis discussed above, rental restrictions and the ability to amend governing documents are generally considered substantive vested rights. As such, this new statute appears to impair the existing contractual rights of many property owners in homeowner association communities.
The first step in considering whether this new rental restriction change applies to a particular homeowner association community is to check the governing documents for Kaufman language (this also assumes that the documents were not initially created on or after July 1, 2021). Typically, Kaufman language is not included in original documents by developers of communities, but many associations have added it by amendment after the developer was no longer involved. If the Kaufman language is in the documents, the new statutory rental restriction provisions apply. If, however, there is no Kaufman language, the new rental restriction statute would not be applicable to the community. In this instance, the membership could still amend the governing documents to prohibit or regulate rentals within the community, which should be enforceable against all current owners, regardless of whether or not they voted in favor of the amendment.
The issue of whether or not this new statutory change regarding rental restrictions violates the Federal and State Constitutions has not been tested in the Florida or Federal courts as of this writing. Before considering amending the governing document in a homeowner association community to create rental restrictions, it is recommended to consult with the association attorney as to the limitations that may apply.
Robert L. Kaye, Esq. is a Board Certified Specialist in Condominium and Planned Development Law. Mr. Kaye serves on the Florida Bar’s Grievance Committee, the Committee on the Unlicensed Practice of Law and is a member of the Condominium Committee of the Real Property Section of The Florida Bar. He also lectures on Community Association law and is regularly published on the subject. Mr. Kaye hosts KBR’s appearances on the radio show, ‘Ask the Experts’, from 6pm to 7pm, the first Thursday of each month. See his full bio HERE.
ELECTRIC CARS ARE COMING ! IS YOUR PROPERTY READY?

ELECTRIC CARS ARE COMING ! IS YOUR PROPERTY READY?

  • Posted: Apr 22, 2022
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ELECTRIC CARS ARE COMING ! IS YOUR PROPERTY READY?

by VANDELAY COMMUNICATIONS LLC

2022 is looking to be the year of the Electric Vehicle. Whether you like the idea of switching from ICE (internal Combustion Engines) to EV (Electric Vehicles) or not….they are coming and in droves.

Almost every major auto manufacturer is bringing an EV to market this coming year and from the looks of it, the wave will be small at first, but tremendous by 2023. What this means for Residential Condos and apartments, especially in High Rise buildings with limited parking, is you must be planning for it now.

Our company is already working with several Florida Management companies to bring state of the art EV charging equipment to their properties. Up until lately a lot of buildings have been allowing residents to add their own “outlet” or charger to their parking space. What this has done has taxed the electric panel to full capacity as well as contributed to a much higher electric bill because there is no control over demand charges as well as the inability to know exactly what someone is using by way of kilowatt hours.

The equipment today can offer several huge advantages to circumvent all the problems and headaches associated with EV charging as well as bring a new revenue stream to your property. the units today offer the capability to have a totally hands off approach and allow for this new stream of revenue. 90% of all EV vehicles are charging from home. Having this ability, brings value to the property by way of higher rents, higher sales prices of units and no drain on the HOAs funds except for the initial buildout which is paid back over time through correct set up of the systems financial utilities tools.

For more information or a personal presentation please contact us.

STEVEN T. MILANA
Executive Vice President of Development
Vandelay Communications LLC
“Veteran Owned Small Business”

Office: 480-805-1962
Cell: 954-214-2590
steve@vandelaycommunications.com

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6 HOA Violations & How to Avoid Them

6 HOA Violations & How to Avoid Them

  • Posted: Apr 22, 2022
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6 HOA Violations & How to Avoid Them

by Holly Bunch on Apr 19, 2022 1:00:00 PM

A Homeowners Association (HOA) is a private body made up of members of society who own property within a common area, led by an elected board of volunteers. The association’s main objective is to grow and add value to the property by protecting communal regions and setting rules and regulations.

Different organizations have rules that members must adhere to regarding architectural amusements like fences, swimming pools, entrances, exterior home designs, and HOA.

The HOA makes homeowners and buyers appreciate their surroundings and ensures that lawns are cut and home exteriors remain attractive. Although some rules and regulations may seem challenging, members who comply with them reap significant rewards from the association.

 

HOA Violations and How to Avoid Them

HOA violations are practices that go contrary to the set covenants, conditions, and restrictions (CC&Rs) set by the association. They include:

  • Landscaping

Having unkempt, overgrown, and heavily weeded lawns would be a crime for any property owner. They also consider using trees taller than the recommended height and color for fencing an offense.

You can avoid landscaping violations by following the set rules, such as maintaining well-kept and clean lawns and ensuring the fence trees are within the required height, such as 5 feet maximum. In addition, use drip irrigation and controlled sprinklers on lawns and along sidewalks.

  • Noise

It is considered a crime for group members to play loud music between the evening and early morning. Additionally, it is against the HOA rules and regulations for members to hold social gatherings between the restricted hours or even have guests in parking areas, playing deafening music and making loud noises during odd hours.

Like many cities and counties, the HOA adheres to noise ordinances enacted for the benefit of its members. Property owners should constantly refer to the rules on noise pollution management to ensure that they give their neighbors and the general community peaceful nights and calm mornings.

  • Vehicles and Parking

Residents will break HOA rules by parking non-permitted vessels on the streets or driveways, such as boats or commercial autos. Driving outside of designated locations or exceeding the speed limit in congested regions is also deemed a crime.

Members must follow established area speed restrictions, parking rules in defined zones, and the types of vessels permitted to park on the land and along the streets.

  • Pets

Residents love pets, and some consider them family. Therefore, the HOA has rules on the types of pets and areas where pets can and can’t walk, leash dogs, or pick up pets. Every resident must not violate the pet restrictions and rules. Otherwise, the HOA and neighbors may not be remorseful for such offenses.

Members need to know the number of pets per homestead, the good breeds and weights, and the law on picking up after the pets.

  • Undisclosed Rentals

Renting or leasing out different places on the property to get extra money may violate the association’s bylaws. State, federal, and sometimes local regulations govern and supersede HOA operations. With this in mind, they establish regulatory standards with other organizations, such as housing insurance companies.

Insurance companies determine the occupant-to-rented property ratio. As a result, property owners need to acquire written permission from the HOA before subletting their properties.

  • Trash

Poor waste management and careless placement of trash and dust bins on the property are considered violations. It is an HOA offense to leave the receptacle bins outside during non-collection hours, in front of people’s homes, or inconspicuous spots. They detract from the value of a property. 

 

Tell Governor DeSantis DO NOT Sign SB 518!

Tell Governor DeSantis DO NOT Sign SB 518!

  • Posted: Apr 19, 2022
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I am informed that the Community Associations In Florida Legislative Alliance needs YOUR help and Rembaum’s Association Roundup agrees that they absolutely do. Please urge Governor DeSantis to WITHOLD his approval of SB 518 Private Property Rights to Prune, Trim, and Remove Trees, as it is bad for Homeowners’ and Condominium Associations.

This bill, if passed into law, DOES NOT allow Homeowners’ and Condominium Associations to take advantage of the provisions of the bill as related to the removal of trees located in common areas and common elements. Therefore, if passed into law, your association will need to comply with local government red tape and associated expenses for what should be a very simple act; removing a nuisance tree.

The sponsors of the bill rejected the common sense suggestion to change the definition of “Residential Property” to include the common areas and common elements of community associations, so this means associations will not be able to avoid costly and time consuming local government requirements to remove trees!!!

Please help stop this bill from becoming law by telling Governor DeSantis to NOT SIGN SB 518.

Click the button below to send him your message:

 

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GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

  • Posted: Apr 15, 2022
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GET BOARD CERTIFIED AT THE CONDO AND HOA EXPO

LUNCH IS PROVIDED FOR FREE!

 
APRIL 19TH, 2022 AT 9:00 A.M. AT THE SIGNATURE GRAND IN BROWARD.
CLICK PICTURE TO REGISTER
APRIL 21ST, 2022 AT 9:00 A.M. AT THE TAMPA CONVENTION CENTER
CLICK PICTURE TO REGISTER
COME MEET OVER A HUNDRED CONDOMINIUM AND HOA VENDORS AND TAKE CONDO AND HOA EDUCATIONAL CLASSES ALL DAY LONG
WE HAVE CERTIFIED OVER 20,000 FLORIDIANS ALL ACROSS THE STATE. LEARN ALL ABOUT CERTIFICATION, THE AS AMENDED FROM TIME TO TIME LANGUAGE, ALL THE LAWS EFFECTIVE JULY 1ST, BUDGETS, RESERVES, FLORIDA’S NEW EMOTIONAL SUPPORT ANIMAL LAWS, MANAGER DO’S AND DON’TS, SCREENING AND APPROVING, ACCESS TO RECORDS, ALL THE LAWS WE CAN EXPECT THIS UPCOMING LEGISLATION AND MUCH MUCH MORE.
TO REGISTER:
CLICK ON ANY OF THE ABOVE PICTURES
OR CALL OUR OFFICE AT: 954-983-1112
We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

  • Posted: Apr 14, 2022
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We received a lot of submissions for our $10K Extreme Shoreline Makeover giveaway and we are thrilled to announce our winner…

Congratulations to Southshore Falls HOA (West FL)!

The community is excited to restore their eroded shoreline with a Sox Erosion Solutions System! Stay tuned over the next few months to see the transformation…

 

If your community is having problems with your Lake, contact SOLitude today

Insurance MarketPlace Resources – We offer business insurance for all classes and sizes of business.

Insurance MarketPlace Resources – We offer business insurance for all classes and sizes of business.

  • Posted: Apr 13, 2022
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Insurance MarketPlace Resources

  • We offer business insurance for all classes and sizes of business.

561-338-7452

Whether your business is large or small, we look at your insurance protection the same way!

 

We are a commercial insurance brokerage organization and have access to different insurance companies that offer a wide-range of products, services, and pricing.

We provide superior customer service, risk management and beyond! We take pride in what we do and represent various highly rated national and international insurance companies, allowing us to efficiently compare rates and coverage to ensure our clients receive the quality protection they deserve.

 

Commercial Insurance Agent
Elena Peredkova
elena@mprfintra.com
561-338-7452
Insurance MarketPlace Resources
https://insurancemarketplaceresources.com

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