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Statutory Meeting Requirements by Becker

Statutory Meeting Requirements by Becker

  • Posted: May 04, 2022
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Statutory Meeting Requirements

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Many condominium and homeowners’ associations’ activities are required to have a certain amount of transparency. One way that association activities are made transparent is through statutory provisions requiring most kinds of meetings to be open and noticed to the membership. In fact, applicable laws governing the operation of condominium and homeowners’ associations allow board members to communicate by email but prohibits them from voting on issues by email.

Notably, a gathering of a quorum of board members to conduct association business is considered a board meeting (whether taking place in person or by real-time electronic means) and is required to be noticed and open to association members. However, two important exceptions apply. Namely, meetings of the board or an association committee at which the association’s attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members.

Association members are entitled to speak at open meetings on “designated items” (HOA) or an item on the agenda in a condominium. However, the rights of members to speak at meetings is subject to any rules adopted by the association governing the frequency, duration, and manner of member statements. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Code Rule 61B-23.002(10)), and the Homeowners’ Association Act provides that homeowners’ associations may adopt their own pertaining to recording homeowners’ association meetings.

As such, there are statutory meeting requirements that must be followed for board meetings which must be kept in mind when an association is adopting or changing its procedures. Failing to follow the basic statutory requirements may result in problems. Questions about board meetings, committee meetings, which have their own set of requirements, and members’ meetings should be directed to legal counsel for guidance.

 

 

 

 

As leaders in Community Association Law, we not only helped write the law – we also teach it.

Did you know Becker provides over 200 educational classes per year throughout the State of Florida on a variety of topics ranging from board member certification to compliance, and everything in between? Our most popular classes are now available online!

To view our entire class roster, visit:
beckerlawyers.com/classes

As a service to the community and industry, we are pleased to offer some of our most popular classes online for you to participate in from the comfort of your own home.

 

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Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

  • Posted: May 04, 2022
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Ron DeSantis and the Florida Legislature could reduce insurance rates right now. A giant insurance company is standing in the way.

Lawmakers have a way to save Florida homeowners $150 a year but State Farm doesn’t like it

Written By: Jason Garcia
In January, Gov. Ron DeSantis and the Florida Legislature had a chance to save money for Florida homeowners who are struggling to afford the soaring cost of property insurance.
Members of a key committee in the Florida Senate were presented with a plan that could have cut the price of homeowner’s insurance by an estimated $150 a year. And it would have done so without simultaneously imposing hidden costs on homeowners — like insurance policies that won’t cover the cost of replacing a roof or legal changes that make it much harder to fight back against a big insurer in court.
The plan involved expanding a public insurance fund known as the “Florida Hurricane Catastrophe Fund.” And it had support from a broad spectrum of industry interest groups and a bipartisan coalition of elected officials.
But the Big Business lobby hated it.
At Cohen Law Group, It’s About Justice!
It’s more than a slogan, it’s our firm’s mantra. We are zealous in protecting your rights. We offer 24-hour availability through our answering service. Call us today.
(407) 478-4878

 

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Is your community association prepared to raise dues 10-15% or more in 2023?

Is your community association prepared to raise dues 10-15% or more in 2023?

  • Posted: May 04, 2022
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Is your community association prepared to raise dues 10-15% or more in 2023?

Inflation is currently at its highest level in 40 years. And it does not appear to be going down anytime soon. Last year, the inflation rate hit 7% and by February of this year it increased to 7.9%. Consumers have seen prices of everything from gas to groceries increase.

As you can see from the chart below, we have been very fortunate with inflation rates hovering around 2% for the last 10 years, as represented by the green line.  While in the last 30 years, we have rarely exceeded 4%, as represented by the red line.  Now, we are faced with 8%, which again, we have not seen in over 40 years.

Inflation has already affected many community associations with many raising their dues between 3-5% for the 2022 budget year. But that increase was not enough especially with the continued impact of insurance, labor, and material increases. Most community associations need to be prepared to raise dues 10-15% in 2023 to combat inflation.

Homeowners are usually not happy when dues go up. However, as expenses for communities increase, so does the need for an increase in the dues. Now is the time to prepare your residents for an increase in dues in 2023 so they are not blindsided.

Here are some of the items in most community associations that are increasing in cost:

  • Landscaping costs – Prices for materials, gas and fertilizer have all increased causing landscape companies to raise prices. Supply shortages fueled by the Ukraine-Russia conflict (Russia is one of the main suppliers of fertilizer around the world) have caused fertilizer prices to go up 30%.
  • Property Management – Labor shortages for maintenance, janitorial and even admin and property manager positions mean the cost of labor has gone up as property management companies try to attract talent with higher salaries and better benefits.
  • Labor costs – The great resignation has played a major role in the rising cost of labor. Legions of workers, especially those in low-wage positions leaving their jobs means employers need to pay more to get workers to show up.
  • Maintenance and repair costs – As a direct result of the global supply chain shortages, prices have soared. Associations need to factor in higher costs for the regular maintenance of their communities. Outside vendors such as pool companies have raised their prices and many parts are simply much more expensive than they used to be.
  • Premiums for insurance – Insurance increases are on the rise; where there is an incumbent on the deal, we are seeing 15-30% increases on insurance. And, where there is a replacement carrier required, we have seen rate increases in the 50-100%+ range. Click here to view a recent webinar we held on the current insurance market.
  • Project costs – There is no doubt that any large projects your community needs to get done are going to cost more. Material prices overall are up 20.3% since 2021. Add in the labor shortages and supply chain constraints and not only are projects going to cost your association more, they are also going to take longer to complete.

For most community associations, the budget for 2023 will reflect higher anticipated expenses, which means dues will need to increase. Now is the time to prepare your residents for this increase. This year is unlike any other year. You CAN NOT rely on “standard” budget raises and expect to be able to pay your bills in 2023. You should NOT wait until the end of the year, hoping this will change. You need to start planning NOW and letting your owners know NOW.

Throughout the remainder of 2022, we will have a blog post each month discussing this inflation storm and offer tips for your association to ride it out.

by Ashley Dietz Gray, VP Marketing

 

Watch the Webinar: Updating Governing Documents

Watch the Webinar: Updating Governing Documents

  • Posted: May 03, 2022
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Watch the Webinar: Updating Governing Documents

We recently held an educational “Updating Governing Documents” webinar with Emily Gannon from Kaye Bender Rembaum to discuss why updating governing documents is critically important. The Webinar covered: The Hierarchy of Governing Documents The Amendment Process Common Misconceptions and more…

https://www.youtube.com/watch?v=UdKVohy_DhY&feature=emb_imp_woyt

FIRE SAFETY SYSTEM — FAIR WARNING?

FIRE SAFETY SYSTEM — FAIR WARNING?

  • Posted: May 03, 2022
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FIRE SAFETY SYSTEM — FAIR WARNING?

A serious DEADLINE (January 1, 2024) is creating another serious expense for Condo owners in the near future: FS 718.112 (l) — Firesafety.—Any high-rise association building must ensure compliance with the Florida Fire Prevention Code. That means that these buildings must retrofit either a fire sprinkler system or an engineered life safety system as specified in the Florida Fire Prevention Code.

But make no mistake: These buildings in question got ample warning: Since 2014 bills are being discussed and enacted creating this requirement. The deadline for the necessary retrofitting changed a few times – some ill-advised board members who didn’t care about the safety of their neighbors had the law firm of Becker& Poliakoff (former Senator Ellyn Bogdanoff, now an attorney with the Becker Law Firm) lobbying against this requirement, trying to remove this requirement in the statutes or minimum trying to postpone this deadline “forever”.

In 2017 then Governor Rick Scott even vetoed a bill that would have actually allowed residents to vote to end sprinkler and other safety requirements.

Let’s make no mistake: Safety requirements, especially in high-rise buildings, are absolutely necessary – even if some high cost is involved. We have seen in Surfside that neglecting safety requirements – or even ignoring them – can have deadly consequences.

Hopefully all these high-rise condominium buildings had board members that took care of creating reserve funds for installing the required Fire Safety System. They surely had long-time warnings.  We don’t want to see families losing their home because they were unable to pay the special assessment because the board members failed to collect the necessary funds over all these years.

 Need a Fire Safety Company for your Buildings?

Search our Members Directory – top companies can be found all over Florida that work with Condo and HOA’s.

When you are looking for companies to take care of your buildings fire safety, Our members are here to help.

ASAP Fire Sprinkler Protection LLC

Six Requirements You Need to Get Your Property Management License in Florida

Six Requirements You Need to Get Your Property Management License in Florida

  • Posted: May 02, 2022
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Six Requirements You Need to Get Your Property Management License in Florida

To launch a career as a property manager in Florida, you must first obtain an appropriate license, but Florida does not offer a property management license. Rather than a property management license Florida requires you to obtain a real estate sales associate license to meet the Florida Real Estate Commission (FREC) requirements.

 

To become licensed in Florida, you need to first meet the requirements to enter an approved educational program. Once you’ve completed the program successfully, you apply for a license. After being electronically fingerprinted, you’ll need to take and pass the licensing exam. You do not need a license if you are only managing personally owned properties. Some rental properties, however, need a licensing by the Division of Hotels and Restaurants. If a property owner hires a salaried employee to manage the property no broker’s license is required, but if they are paid by commission or transactional basis they must have a license.

Community Association Managers (CAMs) differ from property managers. CAMs must hold a valid Community Association Manager license. Obtaining this FREC license follows a similar process, but requires a different educational program. A CAM manages:

  • a ten or more unit association,

  • an association with greater than a $99,999 budget.

Check each applicant’s license status before hiring any person. Use the Florida Department of Business and Professional Regulation’s Licensee Search webpage to determine their licensing.

Property Management License in Florida

The first step in how to obtain a property management license in Florida is meeting the requirements to enter the higher education program. You need to already have graduated from high school or earned your general education diploma (GED). Also, you must be at least 18 years old. These minimums allow you to apply for entry to an approved real estate sales associate pre-licensing course.

Property Management License Florida Course

You will need to successfully complete the real estate sales associate pre-licensing course approved by the Florida Real Estate Commission. More than one possible course exists and the one you complete must contain a minimum of 63 hours of coursework. This is the introductory coursework to the larger licensing educational structure. It provides the foundation for other courses. You may complete the courses via correspondence, online or in person, depending on the options the school you choose offers.

Complete Your Application.

Complete and submit form DBPRRE1 which is the Florida application for a real estate sales associate license. You can fill it out online by visiting the Florida Department of Business & Professional Regulation website. Click the link for “Apply for a License.” You can complete it online or print it and submit it by fax or mail. The appropriate application fee must accompany it.

Submit Your Electronic Fingerprints

You must submit your electronic fingerprints via a FREC approved electronic fingerprinting site. You can obtain the sites closest to you by phoning 877-238-8232. You then visit them to submit your prints and pay the fingerprinting fee.

Ace Your Real Estate Sales Associates Exam

Sit for your Florida real estate sales associates exam. To qualify for a license, you must score at least a 75 percent on the test.

Receive Your License

Once you have passed the exam, you will receive your real estate license via postal mail. It typically takes seven to 10 business days to receive this in the mail.

Further Licensing Options

Beyond obtaining the sales associate license that functions effectively as a Florida property management license, you can also obtain higher licenses. You can obtain a broker’s license after 24 months as a real estate sales associate after completing a 72 classroom hours brokers course and a 60 hour post-licensing course which both must be FREC approved. For a license as a CAM, successfully complete a course of 18 hours education.

If you searched for how to get a property management license in Florida, you now know why you could not find it online. For property management, you need a sales associate license. To manage a community, you’ll need a CAM, also known as, a property association management license Florida requires. Florida property management license requirements differ depending on the size and/or budget of the community association.

While it is not a quick process, you can obtain your real estate license in about two years. That is the time it takes to complete about 60 hours of college coursework, assuming you complete 12 hour semesters. Some schools structure the courses in such a way that you must complete the classes in a specific order and cannot register for more than 12 hours per semester. After completion of the school program, passing your license exam is the only hurdle. You can enter a career in property management in Florida within two years.

      Become a CAM!

Start your new Career

CAM Licensing: Start your new Career

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Premier Fire Alarm Systems

Premier Fire Alarm Systems

  • Posted: May 02, 2022
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Premier Fire Alarm Systems

Premier Fire Alarms & Integration Systems Installation Division Inc. has been a leader of innovative systems for over 27 years. Our Fire Alarm Company serve and install most major brands of fire alarm systems and security products. Our licensed and certified staff is available 24 hours for emergency system repairs. We are factory authorized dealers for various manufacturers of low voltage systems.

Below are the systems and services we provide:

 

  • Annual certifications for fire alarm systems
  • Service contract fire alarm systems.
  • Fire alarm and burglar alarm monitoring contracts.
  • BDA frequency testing (bidirectional amplification systems installed).
  • BDA installations of existing buildings.
  • 24 hour emergency service.
  • Engineered fire alarm system installations, engineering department.
  • ELSS engineered reporting for compliance.
  • Fire alarm systems installations all types.
  • U.L- ETL certifications.
  • Runner service contracts.

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Why You Need Pest Control (6 Important Reasons to Consider) by Hulett

Why You Need Pest Control (6 Important Reasons to Consider) by Hulett

  • Posted: May 02, 2022
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Why You Need Pest Control (6 Important Reasons to Consider)

by Hulett Environmental Services

 

In South Florida, pest control is a necessity year-round. The hot and humid weather keeps bugs active all the time. There are many reasons why pest control should be a consideration for your home. Homeowners need pest control as part of their regular home maintenance routine to help protect themselves, their family, and their biggest investment, their home. This is especially true in Boca Raton, West Palm Beach, Jupiter, and all the way up to Fort Pierce and the rest of South Florida, where ants, termites, roaches, spiders, silverfish, and other insects that are so prevalent.

There are many good reasons for pest control, from the health benefits to preventing property damage. Read on to learn more about why pest control is an integral part of responsible homeownership from the bug experts at Hulett Environmental Services and their internal training department, Bugs University.

 

Top 6 Reasons for Pest Control

You may be asking yourself, “Do I need pest control?” We’ve got you covered with the top six important reasons to take advantage of pest control service in your home.

1. Rodents and insect pests can be a health hazard.

Pests can make you sick. Insects and rodents forage for food in unsanitary places and can pick up bacteria and germs along the way. When they travel into your home, they can spread pathogens that may cause diseases through bites, droppings, or contact with humans. Their presence can also exacerbate specific health problems, such as German cockroaches and asthma. Some bugs produce allergens that make it difficult for people with respiratory conditions like asthma and allergies to breathe easily. Regular pest control can help eliminate these pests that are associated with health hazards, making a better environment for your family.

2. You can Prevent Food Waste.

Keeping a well-stocked pantry is part of good home economics, but unfortunately, many everyday pantry items are attractive to bugs. Many common pests, including ants and roaches, or even rodents, enter your home to forage for a food supply. When they find food in your living spaces, they’re likely to stick around.

Bugs often crawl through garbage and other unsanitary environments. If they’ve been scurrying around in your pantry, you’ll need to throw away and replace any contaminated items. Unless the pest control problem is addressed, the insects will likely continue to eat your food.

As an added layer of protection, in addition to regular pest control service, you can store your food in sealed plastic or glass containers to keep out pests such as the roaches. Desirable foods like cereal, flour, and sugar are easy for bugs to infiltrate, such as ants and other pests. You’ll save yourself the expense of having to replace these foods by storing them in containers that are impenetrable to bugs.

3. You Can Prevent Property Damage.

Insects can wreak havoc on your home. Some of the more destructive home invaders can eat away at or gnaw on the finishings or building materials in your home. They may even cause structural damage.

Structural damage from termites and other insects such as powderpost beetle and other wood destroying organisms can cause your property value to plummet. Some destructive bugs can be difficult to spot until they have caused significant damage. Trained pest control technicians, like those at Hulett, know what to look for and can help catch pest problems that arise earlier than the average homeowner. Not to mention rodents, that can gnaw on wood, chew through wires and plumbing, and also make a compete mess of your attic or kitchen with feces and urine.

Unfortunately, your homeowner’s insurance policy is unlikely to cover damage from bugs. Most insurance policies consider pest control measures to be part of the regular maintenance of owning a home. Consequently, they won’t pay for damage that results from a homeowner’s failure to perform this maintenance. If insects cause structural damage to your home, you’ll have to pay for costly repairs yourself.

4. You’ll Get Customized Pest Control and the Most Effective Products and Techniques.

The internet is full of DIY pest control tips that homeowners can use to prevent infestations. However, the problem is that these tips are often a one-size-fits-all approach to keeping your home pest-free. It won’t address any issues that are specific to your property and the types of insects it attracts. That’s where Hulett is different.

Customized pest control is key to eliminating a pest infestation quickly and effectively. Our experienced, well-trained pest control technicians have the skills to rapidly:

  • Identify the insects.
  • Determine their entry points.
  • Locate their nests.
  • Note any features of your property that contribute to the problem.
  • Develop a pest control solution tailored to your property and the needs of your family and household.
  • Use the latest, most effective pest control products, equipment, and techniques.
  • Answer your questions and address any concerns.
  • Give you customized tips for preventing the insects from returning to your home.

This more targeted, professional company proactive approach is more likely to resolve your pest control problem. DIY methods often require more knowledge, and a variety of products, that most consumers are not aware of. Hence, severe infestations are nearly impossible to eradicate without the help of professionals.

5. Experts Apply the Most Effective Pest Control Products.

Professionals have the necessary equipment, training (e.g., Hulett’s Bugs University), and products to get the job done right. It can be intimidating to apply pest control products on your own. With a qualified technician from a professional pest control company, you know you’re getting the most current products and that they are applied by someone who knows the best locations and quantities to use them in. They can also select products or other pest control solutions tailored to your family’s needs.

6. You Get Peace of Mind.

Taking care of a home can be overwhelming. For most Americans, their home is their biggest investment, and maintaining their property comes with many responsibilities, including pest control. When you hire a professional pest control service, there’s no need to worry about insects and the costly damage they can do to your home, your most important investment. You know that your technician has your back. That way, you can rest assured that you’re doing your due diligence and protecting your family and property from bugs.

 

Why Pest Control Is Important

As you can see, there are so many reasons to take advantage of a regular pest control service. It can help you maintain your property and peace of mind. Pest control is a good investment because it can prevent property damage and help to promote a healthy environment. Some insects like termites can cause thousands of dollars in structural or cosmetic damage that insurance won’t cover, so protection against these insects is a great investment, especially in South Florida.

Why Choose Professional Pest Control?

Is professional pest control worth the expense? People choose professional pest control because it offers a quick and convenient solution to an existing infestation or helps prevent one from developing. Pest control customers opt for the service because they think it’s a good value.

Tackling an infestation on your home can get complicated. Identifying insects can be tricky, and if you get it wrong, you may use the wrong strategy for eliminating the bugs. With so much that can go wrong, you may not be comfortable applying treatments yourself.

Additionally, the problem can actually worsen if pest control products are not used properly. If insects sense a threat and their colony is not entirely wiped out, the bugs may evacuate their current nest and set up several new ones on your property, leading to a more severe infestation.

The best and quickest way to eliminate or prevent an infestation is to hire an experienced pest control company. They have the tools and know-how to get the job done right.

Why Choose Hulett?

At Hulett, we take bugs pretty seriously. You can rest assured that we will work hard to eliminate insects from your property. We will deliver a quick and effective solution that works for you and your family. There are so many reasons to choose Hulett.

We offer free, no-obligation home inspections.

Our technicians get ongoing training through the experts at Bugs University on the latest, most up-to-date products and methods to ensure that you get the most effective pest control solutions.
Your friendly Hulett technician will take the time to listen to your questions and concerns and thoroughly address them.

Hulett offers pet- and eco-friendly pest control services that use integrated pest management.
We’ll work with you to prevent the bugs from returning.

For more than 50 years, our family-owned business has helped so many South Florida homeowners maintain their properties by preventing infestations. See why so many families choose Hulett — for pest control treatment in South Florida, Just Call Hulett!

Hulett Environmental Services

305-710-8916

The Best Pest Control and Prevention in South Florida

Hulett Environmental Services is South Florida’s leading local pest control company that guarantees results. We provide effective Healthy Home solutions for all types of pests: ants, termites, spiders, roaches, fleas, ticks, rats, mice and more!

Call our Member: 
Kristof Czeczko
kczeczko@bugs.com
South Florida Account Manager
305-710-8916
Hulett Environmental Services
5580 N Pine Island Rd, Lauderhill, FL 33351
http://www.bugs.com

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