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. 

When Insurance Claims are Denied, HOA Collections Come to the Rescue.

When Insurance Claims are Denied, HOA Collections Come to the Rescue.

When Insurance Claims are Denied, HOA Collections Come to the Rescue

Written by Mitchell Drimmer

In a report published on July 3, 2024, Newsweek Magazine observed that insurance companies are denying an extraordinary number of claims to Florida Homeowners Associations (HOAs) and condos. Being paid out for insurance claims properly as a homeowner in Florida brings you close to a 50/50 chance of being made whole, especially for HOAs. Recent data from Weiss Ratings reveals a concerning trend: nearly half of all damage claims submitted by Florida homeowners to three major insurers—Castle Key Indemnity, State Farm, and Castle Key Insurance—were denied last year. This alarming statistic underscores the difficulties many community association owners face when seeking coverage for property damage. This article explores how HOA collections come to the rescue when insurance claims are denied.

It’s Not Just a Florida Problem

States other than Florida are experiencing similar woes. For instance, California has been facing challenges with insurance claims, especially in areas prone to wildfires. Insurers have increasingly denied claims or refused to renew policies in perceived high-risk areas. In tornado-prone states like Louisiana and Oklahoma, homeowners also face significant challenges. These states often see higher denial rates due to the frequency and severity of natural disasters. Insurers in these regions are more cautious, leading to stricter scrutiny of claims.

High Denial Rates Among Major Insurers

Weiss Ratings’ analysis points to significant denial rates, with Castle Key Indemnity Company leading in Florida, denying 47.1% of claims closed last year. State Farm Florida Insurance Company and Castle Key Insurance Company followed closely, with denial rates of 46.4% and 46.0%, respectively. Although State Farm contested the accuracy of the data, the high denial rates highlight a substantial issue for homeowners and associations striving to obtain payouts.

These high denial rates can severely impact HOAs, which manage shared amenities and infrastructure. When claims are denied, the burden of repair costs falls on the HOA and, consequently, the homeowners. It is an economic reality of communal living. Sometimes, homeowners must fund repairs to their personal property and help the HOA pay for repairs to common areas due to denied claims. This situation underscores the critical importance of robust collection practices within HOAs to ensure sufficient funds are available to cover these unexpected expenses.

HOA Collections to the Rescue

Given the current insurance landscape, HOAs in Florida and other affected states must prioritize their collection strategies. Here are some critical approaches:

  • Uniform Collection Policy. If you have an emergency plan for hurricanes, you should have a plan for delinquencies. When and how will you deal with members who pay late or completely default?
  • An up-to-date roster. When we read about association governance, we are often told to communicate better, which is correct. However, good communication starts with good contact information, and we are willing to “bet dollars to doughnuts” that your community has a defective roster that lacks your membership’s current contact information. Before you can communicate, you must put together a proper roster. When you have a good roster with accurate and up-to-date contact information, you can speak to the importance of timely dues payments to all homeowners, explaining how these funds pay for maintenance and emergency repairs.
  • Offer flexible payment plans to accommodate homeowners facing financial difficulties, ensuring a steady flow of funds. You can do this before you send the owner to a collection agency.
  • Foreclosure is the last desperate attempt to collect delinquencies. HOAs should avoid it when possible. However, it should not be off the table. If your delinquent owners know that the association will not “pull that trigger,” then you can expect delinquencies to linger, repeat, and last forever. When this happens, come this budget season, boards and managers must create a line item in the budget for “doubtful debt.” This line item adds to the financial burden of those paying on time, which is unfair. Conduct a free pre-foreclosure analysiswhen foreclosure is unavoidable to avoid passing along this unfair burden.
  • Most associations can suspend amenities and voting rights of delinquent owners. Enforce this governing document provision to minimize ongoing delinquencies.
  • In Florida, if you have a delinquent investor-owned unit, you can legally intercept the rent money with just one pre-written letter, as provided in statutes 718.116 and 720.3085. Click here to review the statutes for other states.
  • Review your aging report every month, and if you don’t have board meetings regularly, have a system that will auto-submit a unit that has hit a delinquency threshold to collections with a board resolution. Your Uniform Collection policy should set the threshold, and your bookkeeping department should adhere to it.
  • When the delinquent owner fails to make good on their obligations after the board has sent courtesy letters and requests for payment, it is time to consider a collections company specializing in HOA and condo collections. You may want to speak to Axela Technologies first.

Focusing on Collections is Proactive Financial Management

As the data from Weiss Ratings reveals, Florida homeowners face significant challenges in securing insurance payouts for damage claims, and other states are in similar trouble. This reality makes robust collections even more critical for HOAs. By implementing effective collection strategies, HOAs can ensure they have the necessary funds to manage and maintain their communities, even when insurance claims get denied.

In these uncertain times, proactive financial management and clear communication with homeowners can help HOAs navigate the complexities of insurance claim denials and maintain the quality of their communities.

Contact us today to learn more about how Axela makes HOA collections equitable, efficient, and affordable.

 

Tags:
Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Hurricane Recovery: A rundown of lessons learned from previous storms from Becker Shareholder Joseph E. Adams

Recovery From Hurricane Ian

Unfortunately, Hurricane Ian was a historic storm and has left a wide and substantial swath of damage across Southwest Florida. As we all work to recover from the ongoing effects of Hurricane Ian, I would like to share a few pointers we have learned from past storms and some things we are experiencing with Ian:

  1. Flood Damage: A significant part of Ian’s damage resulted from rising water, which is generally and generically referred to as “flood damage”. It is very important to note that flood insurance and processing flood insurance claims is covered by federal law, not Florida law. Among the notable differences, federal law requires that a “Proof of Loss” be filed for flood claims within 60 days, and the statute of limitations under flood policies is one year.
  2. Disaster Recovery Contractors: There are a number of large national companies, as well as others, who employ large crews of “storm chasers”, and arrive at disaster sites to shore up the property, dry it in, and dry it out. This is critical work and many of these companies are reputable, but not all are. Bills for significant damage sites can quickly approach seven figures (one million dollars plus) without proper justification. Associations can understandably feel under pressure to sign these companies up quickly but there are several critical things to keep in mind:
  • Approval From Your Insurer: Most reputable companies will be known to your insurers and be able to demonstrate they have the “go ahead” from the insurer before engaging in major work.
  • Mapping”: As Southwest Florida is a significant disaster zone, insurance adjustors are overwhelmed and one may not visit your property for weeks, or longer. It is very important that the disaster relief contractor properly document the conditions it finds and remediates, commonly known as “mapping.”
  • Assignment of Benefits”: Historically, various participants in this field have asked for an assignment of the association’s insurance policy rights, known as an “AOB”’. AOB contracts are now strictly regulated by statute but should never be given to an outside contractor.

While getting dry-out work started quickly is critical, the association should not enter into a contract with a remediation company, or any vendor, if the association is not comfortable with the term of the agreement and confident in the company. It is always better to take a step back and make a thoughtful decision than to rush into a bad agreement.

  1. Application Of Your Community’s Governing Documents: If the association has experienced significant damage, it is critical that the association be aware of the requirements of the governing documents, especially for condominiums. For example, many documents state that if a certain percentage of the units are rendered “uninhabitable” (usually an undefined term), the condominium is automatically “terminated” (legally extinguished) if a vote to rebuild is not taken, often in a very short time frame such as 60 days after the loss. Other “gotcha” clauses in documents might include the requirement to have a bank act as “insurance trustee” for insurance proceeds.
  2. Emergency Powers: The “emergency powers” provisions of the statutes are now in effect. Among other powers conferred are the power to contract for debris removal and authorize appropriate remediation, including removal of wet drywall and cabinetry, subject to any limitations of the condominium documents. The emergency powers statute also gives associations flexibility in noticing and holding membership and board meetings. As much as is practicable, you should consult with your association’s attorney regarding use of the statutory emergency powers.

The next few months will be a trying time for everyone in Southwest Florida and practically every community association will have to deal with some consequence from Hurricane Ian. The decisions that board members and owners make at this time will, to a great degree, determine outcome for many communities.


Joseph E. Adams is a Board Certified Specialist in Condominium and Planned Development Law, and an Office Managing Shareholder with Becker & Poliakoff. Please send your community association legal questions to jadams@beckerlawyers.com. Past editions of the Q&A may be viewed at floridacondohoalawblog.com.

Tags: , ,
Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

  • Posted: Oct 30, 2024
  • By:
  • Comments: Comments Off on Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. 

Building Envelope & Façade Inspections

Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets. Our engineers will inspect all materials used to ensure the strength and stability of your structure from low-, mid-, to high-rise structures and facilities. Falcon’s engineers pride themselves on ensuring the services and recommendations provided to each of our clients are held at the desired level of individualized care and attention.

High Rise & Mid Rise Façade Inspections & Repair/Restoration/Replacement

Stucco & Exterior Insulation Finish Systems (EIFS) Evaluations & Repair

Mid Rise & Low Rise Siding Inspections & Repair Replacement

Roof Inspections & Repair/Replacement

Water Infiltration Investigation & Remediation

Window & Door Replacement Design

Balcony & Deck Repair/Restoration/Replacement

Foundation Inspections & Waterproofing

Parking Garage Inspections & Repair/Restoration

Firewall / Fire Separation Assembly Inspections & Remediation

 

Building Envelope & Façade Inspections -Our structural engineers will design, plan and execute your project, tailored to suit each individual’s specific needs and budgets.  By A leader in the industry by providing professional, cost effective and innovative architectural and engineering designs, solutions and services through the use of highly qualified staff and outstanding customer service.

 


View the recorded webinar 
In case you missed it! Below is the link to the recording from yesterday’s fantastic webinar featuring Sinisa Kolar, P.E., Principal, on Extreme Weather in South Florida and Preventative Maintenance.
Tags:
The latest post into “Rembaum’s Association Roundup” is here. “FIDUCIARY DUTY: What it Means to Your Community Association”.

The latest post into “Rembaum’s Association Roundup” is here. “FIDUCIARY DUTY: What it Means to Your Community Association”.

REMBAUM’S ASSOCIATION ROUNDUP | The Community Association Legal News You Can Use

What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions. The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

      1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
      2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
      3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
      4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

      • A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
      • A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
      • A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
      • Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

      1. Remove the ability of a board member to be “certified” by signature alone.
      2. Require continuing education for board members serving continuous years.
      3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

 

 

Tags: ,
THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

  • Posted: Oct 20, 2024
  • By:
  • Comments: Comments Off on THE BENEFITS OF FLAT CONCRETE ROOFS VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA by SRI Consultants, Inc.

THE BENEFITS OF FLAT CONCRETE ROOFS
VERSUS WOOD-TRUSSED TILED ROOFS IN FLORIDA

BY: SHIRISH RAJPATHAK, M.S., P.E., S. I. | PRESIDENT AND FOUNDER of SRI Consultants, inc. Specialists in structural engineering, civil engineering.

 

In the architectural and building construction industry, the type of roofing material used can have far-reaching implications not only on the aesthetics of the building but also on the functionality, durability, and cost-effectiveness of the structure. This blog post seeks to compare two types of roofing systems – flat concrete roofs and wood-trussed tiled roofs – in the context of Florida’s challenging weather conditions and the potential for high insurance costs, costly repairs following hurricanes, and fire hazards. It also aims to underscore the advantages of flat concrete roofs in terms of their utilization for gardening, solar panels, and recreational activities.
Flat Concrete Roofs vs. Trussed Tiled Roofs: A Comparative Analysis
  • Insurance Costs: Homeowner’s insurance in Florida is greatly influenced by the type of roofing system used in a building. Wood-trussed tiled roofs, while aesthetically appealing, are often more expensive to insure due to their vulnerability to the region’s frequent hurricanes. The tiles can become airborne during severe weather, causing damage to the structure and surrounding properties. On the other hand, flat concrete roofs are inherently more robust and resistant to hurricane damage. Their seamless design and sturdy material make them less likely to suffer significant damage during storms, which can lower insurance premiums for homeowners.
  • Durability and Repair Costs: Wood-trussed tiled roofs require regular maintenance and are more susceptible to damage from Florida’s extreme weather conditions. The repair costs following a hurricane can be substantial, as replacing tiles and repairing the underlying structure can be labor-intensive and expensive. Conversely, flat concrete roofs are known for their durability and low maintenance requirements. The strength of concrete and the absence of individual tiles that can break away make these roofs less prone to damage and thus less likely to need frequent repairs.
  • Fire Resistance: Concrete is a non-combustible material and provides excellent fire resistance, a crucial factor in areas prone to wildfires or in dense urban environments where fires can easily spread from building to building. Trussed tiled roofs, depending on the material of the tiles, may not offer the same level of fire protection.
Utilization of Roof Space
  • Gardening: Flat concrete roofs offer an excellent opportunity for rooftop gardening. This not only enhances the aesthetic appeal of the building but also promotes sustainability and biodiversity.
  • Solar Panels: The flat surface of concrete roofs provides an ideal base for the installation of solar panels. This can lead to significant energy savings and reduce dependence on grid electricity, contributing to a more sustainable environment.
  • Recreational Activities: The additional outdoor space provided by a flat concrete roof can be used for a variety of recreational activities, from hosting gatherings to creating a rooftop yoga studio or even a rooftop pool. This effectively increases the usable space of the property without expanding its footprint.
Cost Considerations
The cost savings of a concrete flat roof compared to a wood-trussed roof can vary greatly depending on several factors. These factors can include the size and complexity of the roof, the region in which the building is located, labor costs, and the specific materials used. Here are some general aspects to consider:
  • Initial Construction Cost: Concrete roofs can be more expensive to install initially compared to wood-trussed roofs due to the material cost and labor involved. However, the cost can be offset over time through lower maintenance and repair costs.
  • Maintenance and Repair Costs: Wood-0trussed roofs typically require more maintenance than concrete roofs, as wood can be susceptible to rot, pests, and weather-related damage. Repairing or replacing damaged components of a wood-trussed roof can add significantly to the lifetime cost of the roof.
  • Energy Efficiency: Concrete roofs can provide better insulation than wood-trussed roofs, which can lead to savings on heating and cooling costs over the lifetime of the roof.
  • Insurance Costs: As mentioned earlier, concrete roofs can often result in lower insurance premiums due to their durability and resistance to fire and severe weather, which can lead to significant savings over time.
  • Lifespan: Concrete roofs generally have a longer lifespan than wood-trussed roofs, meaning the replacement cost is deferred further into the future. This can result in significant savings when considered over the lifespan of the building.
  • Resale Value: A concrete roof can increase the resale value of a home due to its durability, low maintenance, and energy efficiency.

To get a precise cost comparison, it would be best to obtain quotes from local contractors who can take into account the specific details of the building and local material and labor costs. This will give a more accurate estimate of the potential savings.

‍While both flat concrete roofs and trussed tiled roofs have their merits, when considering factors such as insurance costs, durability, repair expenses, fire resistance, and utilization of roof space, flat concrete roofs offer substantial advantages, particularly in the context of Florida’s unique climate and weather conditions. The ability to use the roof for gardening, solar panels, and recreational activities further adds to the appeal of flat concrete roofs. As we continue to confront the challenges of climate change and urban living, the choice of roofing material has implications beyond aesthetics. It is a decision that can significantly impact a building’s resilience, sustainability, and overall cost-effectiveness. The evidence suggests that, for Florida homeowners, flat concrete roofs represent a compelling choice.

For more information, please contact SRI Consultants, Inc. at (561) 372-1290 or via email at office@sriconsultants.net.
PC: Max Beach Resort

Tags: ,
2024 Multifamily Property Management Trends: 4 Key Insights to Know by Buildinglink

2024 Multifamily Property Management Trends: 4 Key Insights to Know by Buildinglink

  • Posted: Oct 20, 2024
  • By:
  • Comments: Comments Off on 2024 Multifamily Property Management Trends: 4 Key Insights to Know by Buildinglink

In this post, we share our trends and predictions for multifamily in the upcoming year, offering you a detailed view on the challenges and opportunities that lie ahead.

1. An Amplified Need For Resident-Centric Solutions

 

In recent years, especially during the pandemic, the multifamily space has been increasingly prioritizing the resident experience. This upcoming year, property management companies will face an increased demand for resident-centric solutions that align with their growing needs and expectations. Today’s residents are seeking amenities that support remote working and their health and wellness goals. Moreover, there’s a heightened focus on building a positive resident culture that fosters community and social engagement. When residents feel connected to their neighbors and surroundings, they’re less likely to move, helping improve retention.

Property onsite teams are significantly enhancing the resident experience by improving their communication methods. This makes it easier for residents to report issues, request maintenance services, and receive timely updates. Consider using BuildingLink’s Communication Tools to effectively deploy important messages, ensuring your residents are always up-to-date and informed.

Amenities and services are also poised for significant improvements, reflecting residents’ expectations for greater value from their living spaces, especially with the rise in rents. From remote work spaces and podcast rooms to wider coffee options and fitness centers that host spin or yoga classes, residents are looking for conveniences that cater to their daily lives. Use BuildingLink’s Analytics & Reports to gauge the usage of your amenities, guiding you in making informed decisions to improve specific areas and optimize your investments. From there, remember to offer your residents an easy way to reserve spaces using the Amenity Reservations tool.

2. Continued Staffing Challenges

 

Like many industries, property management faced considerable staffing challenges last year, impacting overall operations. High employee turnover can be just as costly as high resident turnover, leading to a shortage of skilled staff and overburdening existing employees. This can then affect the ability to provide high levels of service quality and efficiency.

In response, some property managers are working to improve employee retention by creating development programs. The goal is to provide employees with additional training and learning opportunities that lead to career advancement and promotions. However, leveraging technology can also enable your current employees to achieve more with less. For example, equip your front desk team with BuildingLink’s Front Desk Instructions , which even allow them to view visitor photos, ensuring smoother check-ins regardless of the volume. Similarly, BuildingLink’s dedicated Staff App will help them process packages 80% faster than other package tracking solutions, reducing their workload while keeping your mailrooms organized.

3. Embracing Technology For Smarter Maintenance

 

One of the biggest predicted trends for property management in 2024 is the increased use of technology for improved maintenance, which is key for resident satisfaction and lease renewals. Properties are expected to adopt more smart home devices, such as smart thermostats and locks, as part of eco-friendly initiatives. On top of that, as part of their focus on the resident experience, property and maintenance managers will make it easier for employees and residents to submit and track maintenance requests. BuildingLink’s Preventative Maintenance is a valuable tool here, allowing you to reschedule recurring tasks, assign them to team members or vendors, and, ultimately, keep up with your maintenance needs.

4. Increased Emphasis On Automation And Proptech Consolidation

 

For property management companies, digital tools that incorporate automation are becoming increasingly essential for enhancing operational efficiency. Automation significantly saves time, reduces costs, and improves accuracy. However, using multiple, disparate platforms can lead to major losses in efficiency. Each tool, with its unique interface and features, creates a learning curve, leading to inefficiencies as users jump between platforms and struggle to remember multiple logins.

In contrast, consolidating your proptech solutions will create a more efficient and cost-effective approach to managing your various processes, responsibilities, and tasks. Property managers want a user-friendly platform that automates workflows and provides reliable analytics and reporting. Be sure to take a unified approach when adding new tools to maximize your return on investment.

That’s why many property managers today are using BuildingLink to streamline their Front Desk & Staff OperationsCommunicationsRecord-KeepingMaintenance, and more. With more than dozens of integration partners, our platform seamlessly connects with various tools in access control, accounting, payments, and package management. Even better, we offer a mobile option for property teams on the go, allowing them to seamlessly access our powerful features no matter where or when the need arises. Let’s make 2024 a year of unparalleled success and growth, with BuildingLink by your side every step of the way.

Partner With BuildingLink

Trusted by HOAs, co-ops, condominiums, and multifamily properties around the globe, BuildingLink helps property managers deliver superior resident experiences while streamlining maintenance and operations. We offer tools that will simplify your record-keeping and administration, communications, maintenance, and front desk staff operations.

When you’re ready to run your community better, smarter, and faster, book your BuildingLink demo today.

 

Get the Best Subsea Solution Services in the Region with the Highest Levels of Customer Satisfaction

Get the Best Subsea Solution Services in the Region with the Highest Levels of Customer Satisfaction

International Subsea Services has provided qualified and experienced to its clients. International Subsea Services maintains a detailed and extensive network database of industry professionals to provide support where needed. International Subsea Services is an approved installation contractor for Dredge Sox Erosion Solutions and Marine Construction Specialist providing Minor upgrades to a full design build, International Subsea services is the turnkey solution for all of your waterfront projects along the Gulf Coast and Caribbean Basin.

 

We are an Independent Contractors of Lake, Pond, and Wetland Installation & Maintenance

The installation and maintenance of lakes, ponds, and wetlands while taking care of cleanliness in your environment are very important these days. The restoration of living shorelines is a creative and productive technique to save water areas from erosion. Erosion is a natural process in which forces of nature such as water or wind crumble and transfer earthen materials to several other areas. The restoration technique actually includes the installation of wetlands plants, grasses, a thick sheet of algae, shrubs, and trees at areas of marine boundaries. This technique involves experts and the careful placement of bio-engineering materials to protect nearby areas of vegetables and soil.

Get the Best Subsea Solution Services in the Region with the Highest Levels of Customer Satisfaction

  • Affordable shorelines and hillside restoration with high-quality materials.
  • Stabilization and installation of water banks.
  • We use good quality products and materials to prevent bank erosion.
  • Perfect maintenance of hand dredging and cleaning of ponds and lakes with our latest equipment.
  • We monitor inspection services for mitigation related to every project.
  • Our leadership and disciplined team give proper management of projects easy and careful management.
  • We also do onsite demolition for pools and homes and remove all the useless items from the place.
  • Land clearing services are also provided for preparing land for the next innovative project.
  • For cutting, grinding, and clearing commercial and residential areas, our subsea solution services company uses forestry mulching machines.
  • Hotshot hauling service for urgent and important shipments of products is also provided by our company.

 

HAVE ANY QUESTIONS OR CONCERNS?

Request a free estimate today to see what International Subsea can do for you!

Tags: , ,
Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?

Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?

Did you know that CCTV trucks are vital tools for inspecting the condition of underground pipes?
Equipped with high-resolution cameras mounted on crawlers, these trucks can navigate through pipelines, capturing video footage of the interior. This allows inspectors to identify problems like cracks, blockages, corrosion, or misalignment, all without having to dig up the pipes.
This non-destructive method of pipe verification is crucial for preventative maintenance, ensuring the quality of pipelines and helping to diagnose issues before they cause serious problems.
It also helps with making sure the pipes are clear so they dont block up or prevent drainage of your properties parking lots and Loading Docks.  Setting up a plan for cleaning and Maintenance is important, especially with the Florida Storms. 
Call us at (954) 210-4100
📧Email us at Service@getgreenteam.com
For other inquiries email us:
Projects@getgreenteam.com
Backflow@getgreenteam.com
Vacservice@getgreenteam.com
Tags: , , ,
Time to start thinking about taxes — making sure not to miss out on any tax credits. by RMS Accounting.

Time to start thinking about taxes — making sure not to miss out on any tax credits. by RMS Accounting.

Time to start thinking about Taxes — making sure not to miss out on any tax credits.

Did you do any energy improvements to your home? New energy efficient Air Conditioning, Heating, Ceiling Fans, Solar Panels, or Hot Water Heaters? Buy an Electric or Highbred Vehicle?
If so there might just be a tax credit in your stocking this year.? contact us today let us help with your Accounting and Taxes for your Business, Condo and HOA’s

RMS Business

Accounting

We provide extensive consulting to every accounting client. Detailed management notes are provided in addition to a comprehensive Financial Statement package.

Bookkeeping

Our bookkeeping help goes far beyond just balancing the books. Our Bookkeeping outsourcing, saves you time and money, while reducing stress levels.

Expatriate

RMS Accounting has a program that allows companies with expatriate staff to provide tax planning and preparation services to its staff anywhere in the world.

Tax

In addition to getting your corporate tax preparation right and completed the first time, our tax professional will also assist you with tax planning to help you reduce next year’s business taxes as well.

Software

At Royale Management Services, we offer support for two of the top business software programs available.

Payroll

When running a business, it makes sense to outsource tasks that can be handled best by others, save you money or allow you to be more productive. Payroll is one of the classic tasks that generally meets all of these criteria.

Credit Card Services

RMS Accounting supports Visa, MasterCard, Discover, American Express, Gift and Loyalty card, and Check processing. In addition will gladly support EBT card programs as well as a complete national debit card program.

Outsourcing

Originally, we focused on tax preparation for small to medium business, but today we do accounting outsourcing for everyone, from personal to large corporations.
2319 N Andrews Ave, Fort Lauderdale, FL, United States, Florida
+1 954-563-1269
info@rmsaccounting.com
Tags: , ,
FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

  • Posted: Sep 08, 2024
  • By:
  • Comments: Comments Off on FIDUCIARY DUTY: What it Means to Your Community Association. by REMBAUM’S ASSOCIATION ROUNDUP

What duty does a community association board member owe to their association? What happens if that duty is breached? During the legislative session, legislation was proposed that would have made directors criminally liable for failure to timely respond to official record requests, among other provisions.

The legislation in House Bill 919 was proposed by Representative Porras in response to the alleged $3.4 million dollar embezzlement scheme that took place at the Hammocks Community Association, located in Miami-Dade County. Parts of this proposed bill were well-intentioned; however, several provisions were commonly viewed as too broad and expansive.

On November 15, 2022, the Miami-Dade State Attorney’s Office announced charges related to the Hammocks’ criminal case, including racketeering, organized scheme to defraud, money laundering, grand theft, and fabricating physical evidence against five board members. These board members have been accused of the following:

i) running a scheme in which they used HOA checks and HOA credit cards from 55 bank accounts to pay for “no-show” work by shell companies or vendors, who would funnel money back to the directors for their personal use;

ii) withholding official records from members; and,

iii) failure to hold valid elections, among other bad acts.

If found guilty these board members overtly breached their fiduciary duty to their association.

During the 2023 legislative session, House Bill 919 initially contained significant criminal penalties to punish board members who failed to provide official records when they otherwise should have, criminal penalties for kickbacks, and criminal penalties for improper election interference, among other provisions. Such laws, while well intended, went overboard as evidenced by the creation of criminal penalties for failure to provide official records, as such severe criminal penalties for operational matters would likely only deter good people from running for the board. Recognizing this potential issue, parts of HB 919 were tempered a bit prior to it becoming law. That said, in the opinion of this author, new laws with new criminal penalties are not the answer. Bad people do bad things, and no amount of laws will likely significantly change that. So, what is the answer?

One answer is to shore up the educational and certification requirements for board members. At present, there are two ways to be certified as a board member. One method is to take a State-approved class, which provides an overview of the voluminous information board members need to know in order to perform their duties. The other method is to sign a piece of paper that the board member has read the governing documents, will abide by them, and will faithfully discharge their duties. This second method should be eliminated as there is no method to confirm compliance, and this method does not have any educational component. In addition, continuing education requirements should be required for any board member serving consecutive years.

During a board certification class, time should be spent discussing the term “fiduciary duty.” While the term is repeatedly used in Chapters 718 and 720 of the Florida Statutes, it is not expressly defined in these statutes. Section 718.111, Florida Statutes, makes reference to Section 617.0830, Florida Statutes, which provides for general standards for directors of not-for-profit corporations, such as community associations.

Section 617.0830, Florida Statutes, provides the following:

      1. A director shall discharge his or her duties as a director, including his or her duties as a member of a committee i) in good faith; ii) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and iii) in a manner he or she reasonably believes to be in the best interests of the corporation.
      2. In discharging his or her duties, a director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: i) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matters presented; ii) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the persons’ professional or expert competence; or iii) a committee of the board of directors of which he or she is not a member if the director reasonably believes the committee merits confidence.
      3. A director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) unwarranted.
      4. A director is not liable for any action taken as a director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section.

Still, though, there is no express definition of the term “fiduciary duty.” The purpose of studying fiduciary relationships is to identify the areas where it exists and gain an insight into the duties of a fiduciary. After all, every board member is a fiduciary for their community association. Common definitions of the term “fiduciary” include:

      • A fiduciary relationship is a relation between two parties wherein one party (fiduciary) has the duty to act in the best interest of the other party (beneficiary or principal).
      • A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties. Typically, a fiduciary prudently takes care of money or other assets for another person.
      • A fiduciary duty is a relationship in which one party places special trust, confidence, and reliance in and is influenced by another who has a fiduciary duty to act for the benefit of the party.
      • Most importantly, and germane to this discussion, a fiduciary is a person or organization that acts on behalf of another person or persons, putting their clients’ interests ahead of their own, with a duty to preserve good faith and trust.

In other words, a good community association board member puts the interest of their association above their own personal interests. Thus, while we may not be able to stop bad people from doing bad things, through continuing education we can help good people do better.

To recap, there are three things that can be readily accomplished that would make a positive difference for Florida’s community associations.

      1. Remove the ability of a board member to be “certified” by signature alone.
      2. Require continuing education for board members serving continuous years.
      3. Amend Florida Statutes, Chapters 718 and 720, to include express definitions of fiduciary duty so that it is made patently clear that every board member must put their community association above and ahead of their own personal interests.

 

 

Tags: , ,