WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum Today at 1pm Register Now..

Posted: Jun 16, 2020
By: Admin SFPMA
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WEBINAR: GUEST RESTRICTIONS AND SCREENING by Kaye Bender Rembaum

Date/Time
Date(s) – 2020-06-16
1:00 pm – 2:00 pm

Location
Pompano Beach Office

Course #: 9630142 | Provider #: 0005092 | 1 CE Credit in HR or ELEOne registrant per form will be accepted.
Limited to the first 100 to register

REGISTER HERE

Online bookings are not available for this event.

Tags: Condo and HOA Board of Directors, Law and Legal, Management News

Online Courses for Licensing can be completed while your at home.

Posted: Jun 09, 2020
By: Admin SFPMA
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Become a Licensed Property Manager

Online Courses for Licensing can be completed while your at home.

This might be a great time to Take your online Testing and become a CAM

CAM License Courses and Board Members Certification in Florida

ProLicense Florida CAM LICENSE COURSE

ProLicense Florida Pre – CAM LICENSE COURSE

ProLicense Florida Continuing Education

Florida CAM Courses – (CAM)

Florida CAM Courses – Pre Licensing

Florida CAM Courses – Continuing CAM Education

Florida Cam Schools Licensing

Florida Cam Schools Pre Licensing

Florida Cam Schools Continuing Education

In the state of Florida owners contract Services with a broker and a sales associate is an agent of the broker.

As you were thinking of starting up property Management Services sometimes working with a broker for sometime can help you create relationships with other sales associates in that office that can prove to be good referrals. If you’ve had your license for 5 years you would qualify to get your broker’s license and when you feel comfortable it may be a good time to transition to your own company or even a different franchise. the property management association is a good tool, there is an enormous amount of liability and property Management.

Tags: Education & Licensing, Management News

Is This A Better Way to Conduct Board Meetings? | Axela Technologies

Posted: Jun 04, 2020
By: Admin SFPMA
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Is This A Better Way to Conduct Board Meetings? | Axela Technologies

This Pandemic has been a horrific human tragedy, and by no means can there ever be a silver lining. At best, we’ve learned some lessons, and new ways of doing business have been established as viable.

One of these things that we have learned is how we can improve community association board of director meetings.

Some Lessons Learned from the Pandemic

Companies have learned that remote working does not degrade productivity and perhaps even improves it. I would expect that in the future that “hot bunking” work stations in offices will allow companies to hire more people without having to expand to a larger space.

From a community association perspective, the greatest thing that has been discovered is the unbelievable success of video conference meetings.

Problems With Traditional Board Meetings

I have been to my share of community association meetings and usually, there are two problems:

The membership usually fails to understand that a board meeting is NOT their meeting. Membership meetings are one thing but board meetings are another.
The membership is positioned as observers who may articulate their issues in an open forum at the beginning or end of the meetings. Board meetings may allow for an open forum but seldom do members sit and wait their turn. Instead, it is often the case that they interrupt their elected directors from conducting meetings. This takes people off subject and often leads to confrontations.
Many meetings are scheduled at inconvenient times so that members cannot attend, and that is a very bad practice. Sometimes these meetings are scheduled by design to minimize attendance, and sometimes they are held during work hours when people simply cannot attend.

Digital Board Meetings Are Just Better

Video conference meetings allow all members of the association an opportunity to see their community association board of directors as work.

It has been quite an eye-opener. More than that, it has been a brilliant experience for me to see how an unruly gathering can be changed into an orderly business meeting.

If I had my choice this would be the only way to perform board meetings going forward.

One Potential Drawback

The only drawback is that there are people who don’t have the technical skill or equipment to be able to participate in such a meeting.

My dear 92-year-old mother would love to have a computer but I won’t get her one until she figures out the remote control. I’ve done everything I can to help her learn, but mastery eludes her.

Getting people with limited technology experience to be able to attend will be the challenge if meetings go completely digital.

I invite suggestions.

Digital Meetings Are Better for Everyone

Regarding the first problem of unruly and disruptive meetings, a video conference has the best feature and it’s called a mute button. (My wife has been trying to get one for my big mouth for years, but I digress.)

In the past three months and countless meetings, I have never experienced such orderly, productive meetings, and considering these difficult times it has been a Godsend.

The board gets to conduct their meetings without being interrupted by members who come with personal agendas and the agenda is adhered to.
The members can be heard loud and clear during the open forum portion of the meeting, so they are not ignored or interrupted.
The administrator can record the meeting for prosperity, and minutes can then be properly composed.

It’s a perfect way to conduct board meetings and produce very effective results. This Pandemic has been tragic, but this is one small lesson or process that we can now say was an unintended benefit of a very unfortunate situation.

Tags: Condo and HOA Board of Directors, Condo and HOA Collections, Management News, Member Highlights

WEBINAR: Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

Posted: Jun 02, 2020
By: Admin SFPMA
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Association Operations During COVID-19 – A Castle Group and Kaye Bender Rembaum, P.L. Webinar

Date/Time
Date(s) – JUNE 4th, 2020
12:00 pm – 1:00 pm

Location
Pompano Beach Office

REGISTER HERE

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Castle Group invites you to join episode 4 of Association Operations During COVID-19 with a focus on opening community amenities and more. Panelists include Craig Vaughan, Castle Group, President, and Michael S. Bender & Jeffrey A. Rembaum, Kaye Bender Rembaum, P.L. – Board Certified Attorneys in Condominium and Planned Development Law.

Tags: Condo and HOA, Events Meetings and Courses, Management News, Member Highlights

HOT TO GET THE VOTE- There are two methods of obtaining the votes. by Kaye Bender Rembaum

Posted: May 29, 2020
By: Admin SFPMA
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HOW TO GET THE VOTE – There are two methods of obtaining the votes.

by Kaye Bender Rembaum

Your association’s board has worked for six months to amend and restate the association’s governing documents, including the declaration, articles of incorporation, bylaws, and even the rules and regulations. The board has met with the association’s lawyer on several occasions, reviewed and provided comments on multiple drafts, and even arranged for multiple meetings with the membership to solicit comments and generate enthusiasm. There are two methods of obtaining the votes. The first is to notice a meeting of the members and use proxies for those who cannot attend. The other is to use, the often neglected, but still effective, written consent in lieu of a meeting process.

The time is finally come – the notice package to be sent to the members is in the mail. A week goes by, and very few proxies are returned. Worse still, on the night of the membership meeting, where it is hoped that the amended and restated governing documents will be approved, only several owners personally attend. Needless to say, not only are there an insufficient number of votes, but there isn’t even a quorum. What is the board to do?

All is not lost, and there is still plenty of time to solicit the necessary member votes so long as the meeting for which the proxies were intended is not concluded. Once the membership meeting is concluded, any and all proxies die an immediate death! But, if the membership meeting is continued to a “time, date, and place certain” then, all of the proxies continue to live for 90 days from the date of the meeting for which they were initially intended.

If a quorum is attained, but not the number of necessary votes, then, any member in attendance can make a motion to suspend the meeting to a time, date, and place certain, so long as the meeting is resumed within 90 days of the date of the initial meeting. Then, the motion should be seconded. A vote of those in attendance, in person or by proxy, should follow such that the majority cast their vote in favor of the continuance. If neither a quorum is attained, nor the number of necessary votes, then the one item of business that can occur, even without a quorum, is a motion to continue the meeting to a “time, date, and place certain.” Again, the motion should be seconded and a vote of those in attendance, in person or by proxy, obtained.

This “continuance” process can be used as many times as necessary, so long as 90 days from the date of the initial meeting have not expired. Once the 91st day is reached, then all of the proxies are as good as dead. Because the meeting is continued, there is no need to re-notice the meeting each time it is reconvened. However, minutes should be taken so that there is an accurate record.

When describing the continued meeting in the minutes, the word “adjourned” could be interpreted to mean that the initial meeting concluded or it could be interpreted to mean that the meeting was continued, therefore it is advisable to not use the word “adjourned” in the minutes to reflect that the meeting was continued. If the meeting is continued, then use the word “continued.” This will avoid any confusion whatsoever.

Remember, too, that a “general proxy” allows the proxy holder to vote as they so choose, while a “limited proxy” directs the proxy holder to vote as the giver of the proxy instructs.

Utilization of the written consent in lieu of a meeting process will fully avoid the need to have the membership meeting but will still require that the necessary votes are obtained within 90 days. The written consent in lieu of a meeting process is described in Chapter 617 of the Florida Statutes, more commonly known as the “Florida Not For Profit Corporation Act,” and not Chapter 720, Florida Statutes, more commonly known as the “Homeowners’ Association Act.”

Unless otherwise provided in the articles of incorporation, an action required or permitted by the Florida Not For Profit Corporation Act to be taken at a meeting of members may be taken without a meeting, without prior notice, and without a vote if the action is taken by the members having at least the minimum number of votes necessary to authorize the action.

To be effective, the action must be evidenced by one or more written consents describing the action taken, dated, and signed by approving members having the requisite number of votes and entitled to vote on such action, and delivered to the association.

Written consent to take the action referred to in the consent is not effective unless the consent is signed by members having the requisite number of votes necessary to authorize the action within 90 days after the date of the earliest dated consent. Importantly, within 30 days after obtaining authorization by written consent, notice must be given to those members who are entitled to vote on the action but who have not consented in writing. The notice must fairly summarize the material features of the authorized action. Remember, too, that once the necessary written consents are obtained, there should be official recognition of such approval by the board.

Both the proxies and written consents constitute official records of the association and therefore should be stored with the official records of the association.

Tags: Condo and HOA

PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS by Kaye Bender Rembaum

Posted: May 21, 2020
By: Admin SFPMA
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PALM BEACH & BROWARD COUNTIES RELEASE NEW OPENING ORDER PROCEDURES AFFECTING COMMUNITY ASSOCIATIONS

by Kaye Bender Rembaum

To further address the re-opening of both Palm Beach and Broward Counties new Orders have been issued and are already in effect. Links to each new order are located below this article. In all instances, social distancing and wearing of masks when in public is still advised.

Has your association considered adopting new rules consistent with social distancing policies and wearing of face masks when members are in common areas and common elements? Discussion with your association’s attorney is warranted when preparing such rules for board adoption.

Remember too, so long as the State of Florida remains under a State of Emergency as declared by the Governor (due to expire July 7), the statutory emergency powers remain available to community associations which includes the power to close amenities when based upon the advice of licensed professionals or emergency management officials. With that in mind, after consultation with the aforementioned licensed professionals or emergency management officials, amenities can be closed. Moreover, there is no obligation to open amenities if the board believes, that in its reasonable business judgment, doing so would create an unsafe condition and/ or if compliance with local, state, and federal orders cannot be met.

Our comments to assist your understanding of each of these orders are provided in red text. Stay safe!

PALM BEACH COUNTY – ORDER 2020-07

In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities. It became effective May 18, 12:01 am.

TENNIS COURTS:

Applies to Community Associations

Tennis and outdoor racquet facilities may reopen, and doubles play is permitted, provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:

No congregating on the court or sidelines is permitted.
Locker room and shower facilities shall remain closed. Restrooms must be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.
It is the responsibility of staff or management to ensure compliance with this order.
Tennis instruction may be conducted on an individual basis where strict social distancing is followed.

COMMUNITY POOLS:

Applies to Community Associations, and while the requirement for on-site supervision is removed, the association is still responsible to ensure compliance!!!

For purposes of this Order, “Community Pools” are defined as any and all pool decks and/or pools, whether of a commercial or noncommercial nature, other than one located on a single family residential lot, a single townhouse unit, or any part of a duplex lot, and which is utilized only by inhabitants of that lot or unit. Examples of Community Pools include, but are not limited to, hotel pools, motel pools, apartment building pools, homeowner association pools, condominium association pools, aquatic centers, or any other facilities that are authorized for use by more than one family.

Community Pools may reopen provided that CDC Guidelines, including all social distancing guidelines, are adhered to. In addition, the following restrictions shall apply:

a. Pool capacity shall be limited to ensure that social distancing in accordance with CDC Guidelines is maintained at all times.

b. Locker room and shower facilities shall remain closed. Restrooms may remain open and shall be cleaned and disinfected regularly throughout the day. Soap and water or hand sanitizer and/or disinfectant wipes shall be provided in each restroom.

c. Pool deck seating or lounging shall be restricted to ensure social distancing in accordance with CDC Guidelines.

d. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall provide notice, either electronically, by mail, and/or by posting at the Community Pool or any other place where messages are traditionally posted, one or more notices indicating that all users of Community Pools shall abide by any and all social distancing guidelines, including, but not limited to, the CDC Guidelines, and that said users of Community Pools bear the responsibility of such compliance and assume the full risk of utilizing the Community Pools.

e. Staff that is authorized to manage the Community Pool, or their designee, including, but not limited to, Community Pool staff, management company staff, volunteers, board members, or any other authorized persons, shall ensure compliance with all guidelines and requirements set forth in this Order. Such compliance may be accomplished by any reasonable means, including, but not limited to, periodic spot checks, video or other electronic monitoring, and/or compliance hotlines to allow for reporting of violations that are thereafter promptly investigated. In the event that repeated violations occur, staff authorized to manage the Community Pool, or their designee, shall take corrective action, including, but not limited to, closing the Community Pool, limiting access to the Community Pool on a reservation basis only, and/or limiting access to Community Pools to times when staff is present to monitor for compliance.

[Emphasis Added]

RESTRICTION OF RECREATIONAL ACTIVITIES IN PUBLIC PARKS, PRIVATE PARKS, AND NATURAL AREAS:

While not directly applicable to community associations, this section does provide limited guidance as to how similar amenities are being treated by local government.

All park playgrounds, play and exercise equipment shall remain closed.

2. Picnic pavilions shall remain closed.

3. Use of water fountains is prohibited.

4. Basketball courts may be open.

Tennis, racquetball, and pickleball courts may be open.

Recreation buildings and gymnasiums may reopen subject to 50% capacity limitations and social distancing guidelines included in State of Florida Office of the Governor Executive Order 20-112 and related subsequent orders.

In addition to addressing other re-opening directives, Palm Beach County Order 2020-007 addresses tennis courts, swimming pools along with other amenities.

It became effective May 18, 12:01 am. Find it HERE or copy and paste this link into your browser:

https://kbrlegal.com/wp-content/uploads/2020/05/PBC_EO-7-with-attachment.pdf

BROWARD COUNTY ORDER 20-10

Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates. The order went into effect May 18th at 12:01 am.

Attachment 6: COMMUNITY ROOMS, FITNESS CENTERS, AND GYMS IN HOUSING DEVELOPMENTS

No community room, fitness center, or gym is required to be opened if the housing development does not wish to do so or believes it cannot do so safely and in full compliance with the requirements of this Emergency Order; any decision by a particular housing development is also subject to any applicable internal rules or regulations of that entity.

A. Capacity Requirements

1. Maximum 50% occupancy. Social distancing requirements do not apply to members of the same household.

Community rooms, fitness centers, and gyms shall be limited to residents of the housing development only. No guests shall be allowed.
Exercise machines, equipment and tables must be rearranged and/or closed for use to ensure at least 6 feet of distance between patrons using such machines, equipment, or tables. Social distancing guidelines provided by the CDC shall be adhered to at all times.
No gatherings or multi-player games (e.g., mahjong, poker, etc.) are permitted in the community rooms between persons who do not reside in the same household.

B. Sanitation and Safety Requirements

Before reopening, the community room, fitness center, or gym (as applicable) must be thoroughly deep cleaned, disinfected, and sanitized. After opening, community rooms, fitness centers, and gyms must be deep cleaned daily.

Housing developments shall provide disinfecting wipes, and residents shall be required to wipe down each machine they used after each use.

Hand sanitizer shall be available at the facility. Patrons must be informed that they must sanitize their hands when entering the gym and prior to utilizing each piece of equipment.

C. Gym and Fitness Center Amenities

1. Hot tubs, saunas, steam rooms, and shower facilities shall remain closed.

Section 9: Public Community Pools and Private Club Pools.

Recreational Pool Amenities as defined in Emergency Order 20-08 that were permitted to operate under that order are excluded from the scope of this Emergency Order and may continue to operate subject to the CDC Guidelines and the requirements of Emergency Order 20-08. For your ease of reference as per Broward Order 20-08 these include, “pool decks or pools in multi family housing developments, condominium developments, condominium hotels, or single-family homeowner associations (collectively, “housing developments”) provided the pool deck and pool are used only by current residents of the housing development; six (6) foot social distancing CDC guidelines are adhered to; pool deck and pool occupancy are limited to no greater than 50% capacity; and either:

(a) the use of the pool deck and pool are supervised by a sufficient number of employees or other person(s) designated by the housing development during the hours in which they are used to ensure compliance with the requirements of this section, and employees or other designees of the housing development sanitize the facility’s pool chairs, railings, gates, tables, showers, and other equipment at the pool and pool deck on a regular basis; or

(b) all furnishings are removed from the pool deck.

Any use of pool decks or pool areas that deviate from the CDC Guidelines or these requirements remain prohibited.”

Broward County Order 20-10 addresses re-opening community rooms, fitness centers and gyms in housing developments (i.e., community associations) and re-affirms prior pool re-opening mandates.

The order went into effect May 18th at 12:01 am. Find it HERE or copy and paste this link into your browser:

https://kbrlegal.com/wp-content/uploads/2020/05/Broward_EO-20-10-with-att6.pdf

The Kaye Bender Rembaum Team Remains Available To You and Your Community Association. Please be Safe.

1200 Park Central Boulevard South,
Pompano Beach, FL. Tel: 954.928.0680

9121 North Military Trail, Suite 200,
Palm Beach Gardens, FL. Tel: 561.241.4462

1211 N. Westshore Boulevard, Suite 409,
Tampa, FL. Tel: 813.375.0731

Tags: Condo and HOA Laws, Management News, Members Articles

There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations. by Donna DiMaggio of Becker

Posted: May 08, 2020
By: Admin SFPMA
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There will be a new normal. Boards cannot simply flip a switch to bring them back to Jan. 2020 operations.

by Donna DiMaggio Esq. of Becker

There is no reason that permanent sanitizer stations shouldn’t remain in place in high traffic areas including near front desks, in elevators and near access screens.

The days of having dozens of lounge chairs at the pool and tightly packed gyms should be over.

Boards may start using a reservation system for certain amenities to better enforce social distancing.

Boards who have been lax in the past about prohibiting dual usage by unit owners and their tenants should tighten up those restrictions.

Unauthorized short-term rental activity and guest usage should also be scrutinized to reduce density in the common areas.

The days of having an open door policy in the Association office should likely cease.

Some residents like to congregate in the association office for a variety of reasons but that activity was not terribly helpful in ordinary times let alone now.

Inquiries can be handled via email, phone or by attending a meeting.

Digitizing association records to conduct online document inspections as well as holding online votes will not only maximize your efficiencies but can reduce the disputes which erupt with traditional voting, inspection and meeting protocols.

Here’s what you need to know to live through the coronavirus crisis in South Florida

South Florida continues to be under movement restrictions due to efforts to control the spread of the new coronavirus. Although the state began on May 4 to open in phases, South Florida will have to wait longer due to higher rates of infections and deaths. Here are the key things you need to know about the situation.

Working and getting out

BUSINESS THAT MUST REMAIN CLOSED: Non-essential businesses in Broward, Palm Beach and Miami-Dade counties remain under shutdown orders. The statewide shutdown order is being lifted in phases, but excludes South Florida. We put together a complete list of businesses considered “essential” that may remain open.
FACE MASKS: Broward, Palm Beach and Miami-Dade counties have all ordered face masks to be worn by customers and employees in grocery stores, pharmacies and other retail stores that are allowed to be open during the shutdown orders. Businesses are expected to enforce the rules and could face penalties if they do not.
CURFEWS: Although some cities have started to lift curfews imposed in March, several remain in effect with exceptions being made only for those traveling to and from work or for essential needs. Broward County: Hallandale Beach between 11 p.m. and 5 a.m. Palm Beach County: Town of Palm Beach between 9 p.m. and 6 a.m. Miami-Dade County: Key Biscayne between 10 p.m. and 5 a.m.; Miami Beach between midnight and 5 a.m.; North Miami Beach between 10 p.m. and 5 a.m.; and the city of Miami between 10 p.m. and 5 a.m.
STAY-HOME ORDERS: South Florida’s three counties technically remain under stay-home orders except for essential travel. But some outdoor activities are being allowed to resume. See “recreational activities” below for more information.
CANCELED EVENTS: With an order prohibiting public gatherings of 10 or more people, nearly all events have been canceled or postponed.
RELIGIOUS SERVICES: Although religious services are exempt from the state’s order closing businesses, the Archdiocese of Miami and the Diocese of Palm Beach suspended Masses and liturgical events. The Miami archdiocese also shut down various drive-through confessionals that some parishes started offering. The Chabad Of South Broward advised that most minyanim are not currently meeting. Many local churches and houses of worship have transitioned to online prayers, meditation posts and services. Check with your local church or religious provider for updates.
TRANSPORTATION: Brightline, the higher-speed rail between Miami, Fort Lauderdale and West Palm Beach, suspended service until further notice beginning March 26. Tri-Rail announced it would trim back its schedule but suspend fares on all its trains beginning March 28. Several airlines including American, United and JetBlue have cut back the number of flights between South Florida and New York City-area airports. Spirit Airlines, based in Miramar, completely suspended flights to the area. Most major airlines are now requiring masks to be worn at all times in terminals and airplanes.

Recreational activities

PARKS: County parks in South Florida reopened on April 30 with social distancing rules in place, along with bans on groups of 10 or more. Most cities also opened their parks with some exceptions. See the complete city-by-city list of park openings here.
STATE PARKS: State parks around Florida started to reopen May 4 in phases, with the exception of those in South Florida including Hugh Taylor Birch State Park in Fort Lauderdale, Dr. Von D. Mizell-Eula Johnson State Park in Dania Beach and Oleta River State Park in North Miami Beach.
BEACHES: All beaches in Broward, Palm Beach and Miami-Dade counties remain closed, even to casual strollers. Beaches in other parts of the state have started to reopen with restrictions.
BOATING: South Florida’s counties began opening boat ramps and marinas on April 29. Congregations on sand bars remain prohibited.
GOLF COURSES: South Florida’s counties as well as most cities have now allowed golf courses to open with restrictions on group size and use of golf carts.
GYMS, THEATERS, ARCADES: All are included in the business closure orders that were issued in South Florida’s three counties and are being enforced by cities. Concert venues, auditoriums, movie theaters and playhouses are also closed.
CASINOS: South Florida casinos — including Seminole Hard Rock Hotel and Casino in Hollywood, the Seminole Classic in Hollywood, just south of the Hard Rock, the Seminole Casino in Coconut Creek and the Miccosukee Resort & Gaming casino — are closed until further notice.
FLORIDA KEYS: The Monroe County Sheriff’s Office announced Monday that the Florida Keys are closed to all tourists and visitors because of the coronavirus. Although some beaches have begun to reopen, the Keys are closed to visitors.
CRUISES: The three major cruise lines that sail out of South Florida have suspended service at least into the summer.

Schools and colleges

PRE-K AND K-12 SCHOOLS: Schools across Florida are closed for the remainder of the school year. Classes and graduations are being held virtually.
COLLEGES: Public and private colleges and universities have closed or moved to online classes. On-campus events are part of the state-wide ban on large gatherings. Graduation ceremonies for state colleges have also been canceled.

Eating and shopping

BARS, RESTAURANTS AND NIGHTCLUBS: Bars and nightclubs are closed, and restaurants are closed to dining. But many eateries are open for takeout and delivery. We have been compiling a list of Broward, Palm Beach and Miami-Dade eateries offering takeout and delivery. All food-delivery apps are waiving delivery fees until further notice.
GROCERY STORES: Supermarket across South Florida are changing their hours as well as designating certain days and times exclusively for senior citizens or people at higher risk of coronovirus. In addition, all three South Florida counties are requiring customers and employees to wear face masks at all times in the stores.
FREE MEALS FOR STUDENTS: Public schools in Broward, Palm Beach and Miami-Dade counties are providing free meals at selected locations on days that school would have otherwise been in session. Broward County: Breakfast is available 8-10 a.m. and lunch 11 a.m. to 1 p.m. at select schools. Palm Beach County: 35 schools will distribute free meals this week Monday through Thursday, and can receive Friday’s meals on Monday, Wednesday and Friday for two meals each day. Meals and are free to anyone under 18 years of age regardless of financial need. Miami-Dade: Students and families may pick up hot meals to go, both breakfast and lunch, between 9:00 a.m. and 12:30 p.m.

Help with finances

HOW TO GET FINANCIAL ASSISTANCE: We won’t lose our homes because of the coronavirus crisis. Our power won’t be shut off. And we’re not going to go hungry. Financial services companies, nonprofit relief programs, utilities and government assistance agencies are offering ways to help consumers get through layoffs, business interruptions and self quarantines.
HELP FOR RESTAURANT WORKERS: Restaurant workers have been hit hard by the coronavirus crises, particularly here in South Florida, a resort region and tourist destination known globally for being a foodie paradise. But there are efforts here to ease the burden facing kitchen staff, servers, bartenders and others.

Staying safe

WHAT TO DO IF YOU’RE SICK: If you wake up with a cough or fever and are worried you have coronavirus, you have several options. In Florida, as in other states, hospitals and doctors have been primed on how to screen patients who come into their offices or the Emergency Department with symptoms. Only people who have severe symptoms should go to a hospital. If your symptoms are mild, call your doctor or the health department to get an appointment for a test. Some local test sites can now get results in up to 15 minutes with rapid tests but will turn away people without appointments.
WHERE TO FIND TESTING SITES: Drive-thru testing sites are being set up at locations around South Florida. Testing may be limited to individuals who meet the current Centers for Disease Control and Prevention guidelines: Older adults and people who have severe underlying chronic medical conditions who have fever, cough or any type of respiratory distress; any people — including healthcare workers — who within 14 days of symptom onset had contact with a suspected or confirmed coronavirus patient; and any people with history of travel from an affected area or an area with community spread. Here is complete list of testing sites in Broward, Palm Beach and Miami-Dade counties.

Tags: Condo and HOA, Condo and HOA Board of Directors, Condo and HOA Common Area Issues, Management News, Member Highlights

Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm! by The Falcon Group

Posted: May 06, 2020
By: Admin SFPMA
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Don’t forget to sign up for the:

Reshaping Large Construction Projects Webinar this Thursday, May 7th at 2pm!

Be Proactive, Educated and Engaged
#thefalcongroup

Sign Up Info:
Email: PFoltanski@falconengineering.com
Subject: Large Construction Projects
Body: Please provide your Full Name, Company, Address, Phone Number and if you are a CMCA

“The STRENGTH of the TEAM is each individual MEMBER. The STRENGTH of each MEMBER is the TEAM.”

Tags: Building Maintenance, Management News, Members Articles

Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

Posted: May 06, 2020
By: Admin SFPMA
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Re-opening Amenities In Times Of Uncertainty, Part 2 by Kaye Bender Rembaum

by Kaye Bender Rembaum

In response to our article below, we have received inquiries from readers regarding the ability of an association located in Palm Beach County to use volunteers to provide the pool monitoring as required by Palm Beach County Emergency Order Number 5.

In relevant part, the Palm Beach County Order provides that as to the re-opening of community swimming pools the association must have “[o]ne (1) or more facility staff or management be present at each facility location to monitor and ensure compliance with the [Order].” There is no definitive instruction in the Order as to how a community association is to comply this particular requirement. However, based upon the plain meaning of the words, the association should have personnel from management or association staff physically present at the association’s pool facilities during its operating hours to monitor the use of the pool facilities to ensure compliance with the Order.

Webinar: Association Continuity During COVID-19

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Thursday, May 7, 2020

12 Noon to 1:00pm

Kaye Bender Rembaum attorneys Michael S. Bender and Jeffrey A. Rembaum will be a part of a panel discussion presented by Castle Group, in Episode 2 of “Association Continuity and Other COVID-19 Concerns.” There will be a special focus on the re-opening of community amenities.

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

Register to Attend HERE

In addition, based upon an April 28,2020, posting from the Palm Beach County website, it is suggested that an association could also appoint a committee of community volunteers to perform the pool monitoring. The issue created by the Palm Beach County Website posting is that the Order required “facility staff or management” to provide the pool monitoring. The term “volunteers” was not not used.

With that in mind, if an association located in Palm Beach County decides to use volunteers to provide the pool monitoring function, then the following should be taken into consideration:

1) If a resident who contracts Covid-19 later sues the association alleging a breach of the Order somehow led to their contracting of the virus, then will the association be in a position to show compliance with the Order when, in fact, volunteers were used? While such a lawsuit is remote, given today’s litigious environment it is not out the question.

2) Does the association have legal defense coverage which would at least provide for assignment of defense counsel so that the association will not have to go out of pocket in the event its other insurance policies do not provide coverage?

3) Does the association have insurance coverage in place to cover acts of volunteers?

4) Does the association have volunteer workers comp type coverage in place?

Although not required by the Order, we suggest that the association consider conspicuously posting or having available as a handout a summary of the CDC Social Distancing Guidelines and the Palm Beach County Emergency Order Number 5 as related to use of community pools. The following links are provided for your reference:

Palm Beach County Emergency Order Number 5

The Palm Beach County Website April 28 posting related to volunteers

Remember to also discuss the re-opening plan with your association’s legal counsel.

Kaye Bender Rembaum, Attorneys at Law

The law firm of Kaye Bender Rembaum, with its 19 lawyers and offices in Broward, Palm Beach and Hillsborough Counties, is a full service law firm devoted to the representation of more than 1,200 community and commercial associations, developers, and their members throughout the State of Florida. Under the direction of attorneys Robert L. Kaye, Michael S. Bender and Jeffrey A. Rembaum, the law firm of Kaye Bender Rembaum strives to provide its clients with an unparalleled level of personalized and professional service that takes into account their clients’ individual needs and financial concerns.

http://KBRLegal.com

Tags: Condo and HOA, Condo and HOA Board of Directors, Condo and HOA Common Area Issues, Law and Legal, Management News, Members Articles

Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Posted: May 04, 2020
By: Admin SFPMA
Comments: Comments Off on Re-opening Amenities In Times Of Uncertainty Part. 1 by Kaye Bender Rembaum

Re-opening Amenities In Times Of Uncertainty pt. 1

by Kaye Bender Rembaum

The re-opening of amenities is anything but easy due to the local Orders being promulgated by Palm Beach, Broward and Miami-Dade Counties. Please be sure to review your County’s specific order(s) to ensure your association remains in compliance. These Orders have similarities but are also VERY different.

A link to the recent re-opening Orders follows:

–Palm Beach County, Emergency Order Number 5

–Broward County, Emergency Order 20-08

–Miami-Dade County, Emergency Order 21020

As to the Palm Beach County Order, take note that that staff and management are responsible to ensure compliance with the Order with respect to the tennis/racquet court facilities, and that one or more facility staff or management must be present at the pool to monitor and “ensure compliance with the restrictions of the Order.” However, it is not at all clear what measures must be taken to “ensure compliance with this Order.” We do not think it would be sufficient to only post a sign setting forth the CDC Guidelines and the additional restrictions in the Order. Although the tennis/racquet court facilities guidelines, unlike the community pool guidelines, do not require personnel to be present at the tennis/racquet courts to monitor and ensure compliance, in our opinion the board should consider some type of responsible monitoring.

Webinar: Association Continuity During COVID-19

Register Today

Thursday, May 7, 2020

12 Noon to 1:00pm

Panelists include:

Craig Vaughan, Castle Group President

Michael S. Bender, Esq., BCS

Jeffrey A. Rembaum, Esq., BCS

Brendan T. Lynch, AIP AAI, Plastridge Insurance, President

Register to Attend HERE

With respect to a swimming pool in Palm Beach County, “facility staff or management” must be present at the pool whenever it is open to monitor and ensure compliance with the restrictions set out in the Order, including social distancing and pool bathroom sanitation. If that cannot be accomplished, then the pool and or bathrooms should remain closed.

When opening a swimming pool in Broward County, their Order provides that the pool may not operate at more than 50% capacity. In person supervision in addition to sanitizing gates, railings and showers is required if the pool deck furnishings are left in place. However, by removing the furnishings, the wording of the Order seems to indicate the need to sanitize gates, railings and showers has been eliminated. If the decision by the Board is to reopen the pool, whether the furnishings remain or are removed a level of reasonable cleaning/sanitizing should be maintained, as necessary maintenance remains a continuing obligation of the association with regard to common elements/areas, which would require sanitizing the pool gates, handrails, doors, bathrooms and the like minimally as the association normally would, but clearly should be performed more frequently during these times.

Residents of Miami-Dade County will have to wait a while longer to be able to use their association swimming pool because their Order does not yet address opening association swimming pools.

We have heard that certain county staff are giving their personal interpretations of the Order(s) in response to questions from board members. If you think that relying on these unofficial and unauthorized interpretations will shield your association from immunity, think again! It is far more likely that staff interpretations of the County Orders will not provide any protection whatsoever, most especially if a resident contracts Covid-19 and a lawsuit is brought against the association. Until local governments revise their Orders to provide missing clarity, the plain language, conservative interpretation of these Orders should be followed to help ensure your association is protected as much as possible under the circumstances. Remember, too, that an association can have stricter requirements than those set out in the orders, but cannot adopt less strict requirements.

It is also unclear from the Orders how governmental enforcement of the restrictions is to occur by the County or any municipality, as it seems very (very) unlikely that there will be patrols driving around to check on compliance. Even if such patrols did exist, they could not hope to keep up. The more likely scenario is that the self-reporting of violations could possibly lead to monetary or other penalties against the association. Clearly, if the Board is of the opinion that the requirements in their County’s Order cannot be met at this time, it or are removed is certainly within the reasonable business judgment of the Board to keep those amenities closed. However, that said, reasonable business judgment should not be used by a board to make a decision to open amenities where the board believes it lacks the ability to be fully compliant with their county’s local Orders.

We encourage board members to contact their association’s legal counsel for guidance regarding reopening any tennis/racquet courts and/or pool facility, and to continue to monitor the guidelines, directives and orders issued by the CDC and the applicable local authorities. Stay safe.

Kaye Bender Rembaum, Attorneys at Law

http://KBRLegal.com

Tags: Condo and HOA Board of Directors, Condo and HOA Laws, Law and Legal, Management News, Members Articles

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