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Hello Spring. Ride and drive safely! Bike fatalities have increased almost 10% during the pandemic.

Hello Spring. Ride and drive safely! Bike fatalities have increased almost 10% during the pandemic.

  • Posted: Mar 22, 2022
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Hello Spring. Ride and drive safely!
Bike fatalities have increased almost 10% during the pandemic. This is the highest level since 1987. While many people stayed out of their cars during the pandemic, bicycle usage rose to its highest level ever as people tired of working from home wanted to get outside. The American College of Surgeons estimated that trauma cases from bicycle-related injuries increased 100%.
Drivers and bike riders can take some simple steps to lower any chance of becoming injured in a car or bike accident:
For Drivers:
1. Slow your speed
The United States Army conducted a study to find out whether speeding saves time.
The conclusion: Except for long trips, local speeding does not save more than a few minutes. And with higher speed limits on interstates, speeding on the highway did not save that much time.
2. Wear a seat belt
Studies show you are better off wearing a seat belt in a serious accident. The Transportation Safety Council have found seat belts reduce the risk of death by 45% and cut the risk of serious injury by 50%.
For Bicyclists:
1. Wear a helmet and high visibility clothing
2. Stay out of the road whenever possible
3. Obey traffic signals
If you know of someone seriously injured in a car accident or bike accident, call the Maus Law Firm for a free consultation.
May be an image of 1 person, bicycle, footwear and text that says 'Hello Spring Ride and drive safely this season'
If you or a loved one has been seriously injured in an accident, you deserve an attorney you can trust – to prepare your case properly, and to obtain the compensation you deserve.
The Attorneys at the Maus Law Firm have tried more than 130 jury trials, and recovered millions of dollars on behalf of their clients. In fact, most of our cases are referred from our former clients on cases in which we served as the lead accident claims lawyer.
The Maus Law Firm has been recognized by the Florida Justice Association, a statewide collection of trial attorneys, is a member of the Million Dollar Advocates Forum, and is a member of the Trial sections of the Florida Bar Association and Broward Bar Association.
Call us for a free consultation. You should benefit from the experience of a Florida personal injury attorney for your case.
https://www.mauslawfirm.com/
Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months.

Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months.

  • Posted: Mar 20, 2022
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Got Lakes? Algae season is coming up!

Here is an article to help you answer all those questions your residents may have!

Author: Stephen Montgomery, Senior Biologist / Allstate Resource Management
Algae growth in South Florida lakes is not an uncommon thing, but it seems to be more of a nuisance in the summer months. What are the causes of algae growth in our community lakes and why is it more prevalent in our warmer, rainy season? Algae, like all other plants, requires sunlight and nutrients to grow. These ingredients are the primary factors in how much and how fast algae is going to grow, but our urban waterways have unique circumstances that also contribute to the potential for algae growth during our summer months.
   The primary nutrient for freshwater algal growth is phosphorous. Phosphorous occurs naturally in our lakes from several sources such as decomposing organic matter, bottom sediments, animal waste from wildlife utilizing the water, and even interaction with the air. Strong winds can carry dust, dirt, leaves, and palm fronds and deposit them in lakes. All of these become sources of additional nutrients as they break down.
   Aside from natural causes, certain actions by people also contribute to elevated algae production during the summer. Irresponsible fertilization combined with frequent saturating rains can cause runoff of materials down those slopes and into the water.
 One of the most common contributors to excessive algae growth is also one of the most avoidable: The grass itself. The sod around our lakes is packed full of every nutrient an algae could need. It’s no surprise that our lawns get mowed more frequently in the summer months. When grass clippings are blown into the lake they accumulate along the shoreline and begin to decompose. Each blade is a storage container of algae fuel and as they begin to break down they release it into the surrounding water. Mowers should stay sufficiently back from the shoreline or mow so that large amounts of clippings are not thrown into the lake.  (grass clippings in a lake is a recipe for algae)
Have more questions? We love them!
Contact us today at:
954-382-9766 or info@allstatemanagement.com
Allstate Resource Management, We are a family-owned and operated business for over 25+ years in South Florida!

Allstate Resource Management, We are a family-owned and operated business for over 25+ years in South Florida!

  • Posted: Mar 20, 2022
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Allstate Resource Management, We are a family-owned and operated business

for over 25+ years in South Florida!

 

Here is what some of our Property Managers are saying about us!

“Allstate is the best Lake Company I’ve worked with; they are professional, very knowledgeable, and respond immediately to anything we need for many years now. We also sincerely appreciate the quality of work they provide on a constant basis.
Thank you, Allstate!”
“Allstate Resource Management has been a wonderful company to work with. They are quick and efficient in getting the inspections and maintenance for the stormwater for several of our locations in Florida done. A++ for Wendy, she has been making sure that we are on top of our permits and has suggestions to help the process run smoothly.”
“Allstate is the best Lake Company I’ve worked with; they are professional, very knowledgeable, and respond immediately to anything we need for many years now. We also sincerely appreciate the quality of work they provide on a constant basis.
Thank you Allstate!”
Allstate Resource Management has over 25 years of experience in maintaining the health of lakes, ponds, wetlands, and stormwater systems. We have continued since our inception to be the leader in resource management. Our services include lake management, wetland management, stormwater drain cleaning and maintenance, erosion control, fish stocking, native plantings, debris removal, water quality, aquatic pest control, and upland management. All of our technicians are thoroughly trained and certified in order to meet the strict standards imposed by governmental agencies. This ensures that your property will be treated by only the most competent individuals who are proud of the services we render.
SFPMA: The reversal of wearing Masks. This is great news for many, now you do not have to put on the masks if you dont wish to.

SFPMA: The reversal of wearing Masks. This is great news for many, now you do not have to put on the masks if you dont wish to.

  • Posted: Mar 06, 2022
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SFPMA has been monitoring the COVID-19 & Omicron and its impact on our industry. Mask Mandates are Changing!

We are encouraging all members, Property Managers, Board Members for Condo and HOA’s and the industry in general to follow:

We understand that everyone has questions:

It is important to recognize we are not health care professionals. We have been looking to the experts. The CDC and other qualified health officials should continue to be the primary source of current information and guidance. Were offering general, precautionary guidance from officials and adding some common-sense guidelines for our industry.

Mask Mandates are changing!

Many States have already set as requirements for businesses, schools and Offices all over the US. The reversal of wearing Masks. This is great news for many, now you do not have to put on the masks if you dont wish to. As we go forward some that are at risk still will protect themselves, while others wont put them on. Dont get mad at them or start a problem…. You dont know what they are doing in Their Live! they might have a lower immune system in their bodies? they might take the stand that masks dont work? they even may believe in the Science or lack of?

Every person has the right to keep wearing a mask or not! so work with your group, community and management to find a solution you can adapt to keep everyone in your buildings safe. this could mean, in the common areas, with visitors and guests inside and outside your buildings. its best to have an open discussion with a group. find out what they think? and put in place rules to keep everyone safe.

Thank You, Be Safe. SFPMA

We know it’s a balancing act for community association leaders— and the desire to keep residents and guests safe as the face mask debate continues— even for the fully vaccinated. ( Part of this article copied from: Covid Masks) We are all working together for the safety for all.

As some local jurisdictions and/or states lift and others reinforce mask mandates, what does this mean for homeowners associations and condominium communities with shared spaces including—fitness centers, clubhouses, lobby areas, and mailrooms? We contacted CAI members, practicing common-interest law to share an update on face masks in common areas. From the outset of the pandemic, Edmund Allcock, a partner with Marcus, Errico, Emmer & Brooks in Braintree, Mass., and a fellow in CAI’s College of Community Association Lawyers (CCAL), encouraged community associations to follow recommendations from the Centers for Disease Control and Prevention, as well as state and local guidelines, to mitigate the spread of COVID-19.

“At the beginning of the pandemic, we recommended closure of (common areas),” says Allcock. “Since the development of the vaccine, everything seems to have reopened, so I do not see why the clubhouse, or the gym should be any different.”

In Washington, application of state and local health mandates to community associations have been inconsistent, notes Anthony L. Rafel, managing partner at Rafel Law Group in Seattle, and a CCAL fellow. “The governor’s proclamations and the state secretary of health’s orders requiring masks in indoor congregate spaces make no exception for community associations,” he explains. “We’ve advised our community association clients that the requirements are applicable to common areas.”

Meanwhile, the California Department of Public Health has clarified that “indoor public settings” applies to board and commission meetings, but there is some disagreement as to whether community associations have to follow the state’s mask mandate, says Nathan R. McGuire, managing partner at Adams Stirling in Northern California, and a CCAL fellow. McGuire notes that his firm is advising that community associations are not public. Therefore, the guidance does not technically apply to them.

When it comes to guidelines community associations should follow to minimize the spread of COVID-19, Rafel says to lean on the side of greater protection for residents and guests. “Masks should be worn in lobbies, hallways, gyms, clubhouses, and meeting spaces if required or recommended by federal, state, or local health officials,” he says.

McGuire also believes masks should be required in indoor common areas to mitigate the spread of the disease. “Another option is to require only those who are unvaccinated to mask indoors and allow them to self-attest to their vaccination status. Meaning that, if someone enters the indoor setting without a mask, the resident or guest is self-attesting that they are vaccinated,” he notes.

Find out more on our Industry Web Pages for Condo, HOA and Property Management.

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NEW Continuing Education Course Offering! How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

NEW Continuing Education Course Offering! How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

  • Posted: Mar 03, 2022
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NEW Continuing Education Course Offering!

How Sustainable Lake Management Creates Happier, Healthier Communities (1 CE Credit).

You may have noticed the positive effects on your health and happiness when spending time around the water, but do you know the science behind this phenomenon? Humans have an undeniable connection to waterbodies. This underscores the importance of continuous freshwater management and the prioritization of sustainable techniques.

In this presentation, attendees will learn:

  • Common lake & pond challenges property managers face in their communities
  • Best practices to implement in lakes and ponds on a recurring or annual basis
  • New technologies to make freshwater management more efficient & cost-effective
  • Strategies that help enhance increase property values & enhance brand image

Partner with the aquatic management experts at SOLitude for your continuing education needs in 2022. Reply to this email to schedule a presentation in your area today!

Contact SOLitude Lake Management

SOLitude Lake Management is a nationwide environmental firm with local offices throughout the U.S. We are dedicated to making water a more healthy and beautiful part of our world. In that pursuit, SOLitude offers sustainable solutions that improve water quality, enhance beauty, preserve natural resources and reduce our environmental footprint. Do you have a lake, stormwater pond, wetland, or fisheries management question or concern?

Call us at 866-996-3294 or simply fill out the form below and we’ll get back to you right away.

How Can We Conserve Wetlands in Florida?

How Can We Conserve Wetlands in Florida?

Wetlands play an extremely important role in the ecosystem, particularly in Florida. In addition to their cultural relevance, they are a central feature that is home to thousands of incredible species. Preserving them is not only beneficial to the natural ecosystem, it benefits our communities in many ways.

Simply put, wetlands are lands that transition between terrestrial and aquatic environments. More specifically, wetlands contain soils that are inundated long enough to support the growth and reproduction of diverse vegetation.

The plants that grow in wetlands have adapted in a way that lets them survive in the hydric or wet soils. Swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps, mangrove swamps, and other similar areas meet the criteria of wetlands.

There are wetlands on every continent. Although the Everglades are the most well-known wetlands in Florida, there are many other wetland areas throughout the state. A healthy wetland supports a wide range of wildlife such as birds, amphibians, crustaceans, fish, and reptiles.

 

What Problems Do Wetlands Face?

The aquatic freshwater and marine life of Florida depend on wetlands for feeding grounds and nurseries for their young. In addition, wetlands also offer outstanding recreational opportunities for fishing, boating, bird watching, and photography – to name just a few. Unfortunately, wetlands face many threats:

florida-preserve

Human Use

Wetlands originally covered approximately 60% of the state’s land, but over time, wetlands have been reduced by urban development to less than half of that amount. Human activities are arguably the greatest threat to wetlands due to the draining of these lands for agriculture or development. Historically, wetlands were considered wastelands and were drained and cleared of vegetation without a second thought to make way for homes, roads, and shopping centers.

Loss of wetlands habitat not only affects animals and plants, but it also diminishes the water supply for the human population, since wetlands hold, filter, and slowly release immense amounts of rainwater into the aquifers that serve as central and south Florida’s only source of freshwater.

 

invasive-species-wetland-management

Invasive Species

Like all ecosystems, the survival of the plants and animal species that live in wetlands depend on a delicately balanced environment. When non-native species are brought in, either on purpose or accidentally, it can unbalance the existing system. Invasive species compete with native species for limited resources. When native species start to die off as a result of competition with an invasive species, the food chain of the ecosystem is disrupted.

For example, some wetlands are being overrun by water hyacinth. This plant is held in check in its native environment, but in North American habitats, it spreads at an alarming rate. Similarly, Burmese pythons were brought into the country as pets and released into local wetlands where they grow too big to be sufficiently supported by their environment. These large snakes thrive in wetlands like the Everglades and threaten the survival of endangered species.

 

lake-pond-pollution

Pollution

Wetlands work as natural water filtration units. Polluted water washes into the wetlands and is purified as it flows through and out of the wetlands. The pollutants either settle to the bottom of the wetlands or are used by the plants growing in these habitats. But if the concentration of pollutants reaches and then crosses the saturation level, and toxic contaminants continue entering the wetlands, the plants and animals struggle to survive.

In addition, wetlands are often used as dumping grounds for industrial and household waste and sewage. High pollution rates in wetlands kill off fish, wildlife, and plants, destroying the habitat.

 

drought-dried-pond

Climate Change

Like other ecosystems and habitats, wetlands are also affected by alterations to the environment caused by climate change. Sea-level rise caused by warming temperature is submerging or drowning wetlands, while extreme weather such as drought is drying them out. Higher water levels and lower water levels are caused by the various effects of climate change.

 

river-dam

Dams

The construction of dams that alter the natural flow of a river also has a huge impact on the environment where it is built. Altering the flow of a river disturbs the ecosystems that depend on that river. Wetlands like swamps or marshes suffer from a higher or lower flow of water when a dam is built. Dams can permanently damage wetland ecosystems.

 

Why We Need to Conserve Wetlands

Wetlands are productive ecosystems that provide environmental benefits to the areas that surround them. Waterfowl and migratory birds, and other wildlife make wetlands their home. As important as that is, these dynamic natural systems provide services such as removing harmful chemicals and excess nutrients from storm runoff, recharging aquifers used for drinking water and irrigation, and protecting communities from coastal storm surges and flooding.

Coastal wetlands and estuaries support diverse habitats that provide shelter and food for recreational and commercial fisheries, which in turn contribute to local economies. People are often drawn to wetlands for outdoor recreation and wellness. Outdoor recreation is important for the health of the population as well as the economy.

 

Best Way to Conserve Wetlands

These important functions make wetlands a vital part of our environment. Maintaining and improving the health of wetlands support plants, animals, and people. Here are five ways to help conserve Florida’s wetlands:

1. Create Native Plant Buffers

Improve the health of wetlands by planting buffer strips of native plants near and around water resources. These buffers can help filter out fertilizers and pollutants before they enter the water and cause environmental imbalances. They also help hold soil in place for lasting structure and aesthetic appeal.

2. Eradicate Invasive Species

Non-native plants that quickly become invasive can have devastating consequences on wetlands. They choke out native species and change the function of the wetlands. Likewise, invasive animals compete with native wildlife for food and habitat, creating a negative cycle within the food web. Monitor the area and report the presence of any invasive species immediately.

3. Reduce the Use of Pesticides and Fertilizers

Avoid using pesticides and fertilizers for lawn or garden care. These chemicals can harm aquatic species and wildlife by negatively affecting water quality and encouraging invasive plant growth. When absolutely necessary, use organic products in place of chemicals.

4. Clean Up after Pets

Animal waste can wreak havoc on wetlands and their population. Make sure that pet waste is kept out of wetlands by keeping dogs fenced in or leashed, and keeping your cats inside as much as possible. When walking pets or playing outdoors, always pick up and properly dispose of any waste.

5. Monitor Regularly

Wetlands are amazing ecosystems containing a complex web of plants, animals, fish, and organisms. Change is always occurring, so it’s important to stay informed about the health of the environment. Freshwater management professionals are experienced in monitoring and maintenance solutions aimed at preserving the health and beauty of these habitats. Consider implementing an annual management program to preserve wetlands in your area.

Protecting Florida Wetlands

Florida is known for its magnificent wetlands, but that doesn’t mean they will be around forever. Through urban development, invasive species introduction, pollution, and other factors, humans have expedited the deterioration of wetland areas. We should each play an active role in the protection of these unique aquatic ecosystems so that we can enjoy, admire, and benefit from them for as long as possible.

Contact Us to Protect Your Wetland & Preservation

 

$10,000 Extreme Shoreline Makeover Giveaway!

Is your waterbody suffering from erosion damage? Enter to win a $10,000 shoreline makeover for a chance to enhance your waterbody. Entries due March 31, 2022.

Join Here: 

 

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Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

  • Posted: Feb 18, 2022
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Improve YOUR Wellness with Healthy Water

Humans have a powerful connection to water. Learn how consistent lake management can help create happier, healthier communities.

 

It is scientifically proven that being around healthy, beautiful water can reduce anxiety and stress, boost creativity and improve our overall wellness. This is one of the many reasons why our community’s freshwater resources should be maintained with diligence. Discover how to best manage water quality issues and create a more relaxing, enjoyable space you, your loved ones, and your community can enjoy.

 

How Consistent Lake Management Helps Create Happier, Healthier Communities

Lakes, rivers, beaches, and even swimming pools have beneficial effects on the well-being of visitors that are hard to define. Water is not only essential for our survival, it has a profoundly relaxing and refreshing impact on people’s mental health and happiness. Human beings will always be inextricably connected to water physically, mentally, and spiritually. This helps explain why communities near large water systems are common vacation destinations and highly desirable places for residential communities. It also underscores the importance of preserving our precious aquatic resources.

The Effects of Poor Water Quality

Maintaining balanced aquatic ecosystems is more important than ever as water scarcity, eutrophication, drought, and increasing demand continue to cause depletion and degradation of water quality worldwide. Water pollution can lead to Harmful Algal Blooms, toxicity, nuisance and invasive aquatic weed growth, bad odors, and taste issues in drinking water reservoirs – among many other issues. These types of water quality challenges can lead to diminished property values and will undoubtedly have a negative effect on swimming, boating, fishing, wildlife watching, and overall enjoyment of nature.

Understanding the Cause of Water Quality Issues

In many areas, it’s common for water quality problems to shut down lakes and beaches throughout the summer, but few people are cognizant of why these problems occur and how significantly they can threaten our innate connection with the water. Assessing and addressing issues with water quality requires the experience and knowledge of experts who focus on optimizing all the benefits that balanced water can provide.

Preserving and enhancing water quality calls for successful proactive management with long-term results in mind. Lake and pond management is a science and taking all variables into account is the only way to address water quality issues at their root causes. Aquatic biologists pay close attention to detail and consider the entire aquatic ecosystem when collecting sound physical, chemical, and biological data.

Set A Management Baseline with Water Quality Assessments

Water quality assessments are a common starting point to uncover this important information and identify potential nutrient imbalances, pollutants, watershed inputs, algal populations, or other problems. With every visit to your waterbody, aquatic biologists can learn more from each new water sample.  This data creates a basis for management recommendations and informs the use of eco-friendly tools and advanced technologies.

Determining the Best Solutions for Your Waterbody

Depending on the challenges your waterbody faces, it may require a combination of solutions. Fountains and submersed aerators are excellent at increasing healthy dissolved oxygen levels in the water while circulating different areas of the water column. Likewise, new aeration solutions like side stream supersaturation are changing the game by making it possible to directly inject oxygen into the water to correct deficiencies, eliminate bottom muck, and potentially end reliance on herbicides.

Utilizing New Technologies

In the event that herbicides are required to achieve lasting aquatic weed control, advanced drone technology is now available to efficiently and precisely target affected areas. Drones also aid in surveillance, making it easier than ever to identify problems such as eroded shorelines, which can be rebuilt with innovative mesh technologies that integrate seamlessly into the landscape for lasting stabilization. These efforts are often paired with sediment removal strategies like hydro-raking and the application of nutrient management products that prevent future algae and aquatic weed growth. These steps can be further supported with the introduction of deep-rooted native vegetation, which form beneficial shoreline buffers that prevent undesirable nutrients and pollutants from entering the water.

Reach Your Goals with an Annual Management Program

These solutions provide immediate benefits, but they are not permanent. Lakes and ponds require year-round care for long-term success. An annual management program comprehensively supports aquatic ecosystems with many of these solutions and others that nurture waterbody health and functionality. When an annual plan is uniquely tailored to the individual characteristics of your waterbody, you can maximize the many physical, mental, and spiritual benefits of time spent in and around the water.

 

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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class: 2/17 at 1:00 PM EST!  Emotional support animals on the property despite pet or animal restrictions.

  • Posted: Feb 15, 2022
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Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class:

2/17 at 1:00 PM EST!

Emotional support animals on the property despite pet or animal restrictions.

Register Today!

2/17 at 1:00 PM EST! Join Becker Shareholders Steven H. Mezer, J. David Ramsey, and Senior Attorney JoAnn Nesta Burnett for this online class where you will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.

Participants will learn about the Fair Housing laws on the state, federal and local level that impact community operations and actions with respect to requests to maintain emotional support animals on the property despite pet or animal restrictions.
Some topics to be discussed:
• Fair Housing Act and Disability Accommodations
• Evolving Law of “Prescription Pets”
• Establishing a Handicap
• Competing Definition of Service Animal Under ADAAA and FHAA
• What to do When the Disability is Not Obvious
• What a Disabled Person Needs to Provide in Order to Own a Service Animal
• Innate Qualities of Service Animal
• Failing to Make Reasonable Accommodations and Modifications
• What to do when “Skeptical” Information is Provided
• Damages and Penalties for Discrimination
• Register Now
CEU INFORMATION
Florida
Provider: #0000811
Course: #9630287
Credit: 1 ELE
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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes by Sarah Wilson of Becker

Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes by Sarah Wilson of Becker

  • Posted: Feb 02, 2022
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Tree Maintenance and the Potential Impact of Section 163.045, Florida Statutes

by Sarah Wilson of Becker

 

In general, a community association is responsible for operating and maintaining the common areas of the community (in the case of homeowners’ associations), and the common elements (in the case of condominium associations). If there are trees located on these common areas/elements, the association’s maintenance duties will include trimming and even the removal of trees that may be dead or dying.  Before performing any significant trimming or removal of trees, however, an association must determine whether any prior governmental approval is required.

It is common for counties and/or cities to have ordinances regulating the planting, removal, and replanting of trees in residential areas and requiring a permit prior to the removal of certain trees. Section 163.045, Florida Statutes, which went into effect on July 1, 2019, appears to change the extent to which local governments can enforce such tree regulations. Interpretation issues, however, leave the true scope of the statute unknown, particularly as it relates to community associations.

The statute, which was intended to strengthen property owners’ rights against local government overreach, prohibits local governments from requiring notice, application, approval, permit, fee, or mitigation for the pruning, trimming, or removal of a tree on residential property if the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that the tree presents a danger to persons or property.  Additionally, under the statute a local government may not require a property owner to replant a tree that was pruned, trimmed, or removed in accordance with this section.  [Note: Section 163.045, Florida Statutes, does not apply to the exercise of specifically delegated authority for mangrove protection pursuant to ss. 403.9321-403.9333, Florida Statutes.]

In applying this statute, it is important to note that it only applies to “residential property” and only to trees which are documented by a certified arborist or a Florida licensed landscape architect as “present[ing] a danger to persons or property.” Both exemption requirements present interpretation issues. The fact that “residential property” is not defined has caused some governmental authorities to question whether this exemption would even apply to common areas/elements in the community association setting.  Additionally, the requirement that a certified arborist or licensed landscape architect must document that a tree “presents a danger to persons or property” is problematic in that dangerous is not a term that is normally used or defined in the tree care industry’s risk assessment standards. Rather, assessments of tree safety by such professionals focus on the qualified risk of trees, and how this relates to the statute’s use of the word “danger” remains to be seen.

Local governments have acknowledged that the statute sets up some interpretation issues, and it has been reported that different jurisdictions are reaching different results.  The consequences of an association, without prior approval, trimming or removing trees in a jurisdiction that is interpreting this statute as not applying to common areas/elements could be code enforcement actions, costly fines, or other remedial measures. For this reason, before trimming or removing trees from the common areas/elements, it is recommended that associations consult with their association attorney to discuss how their local governments are interpreting this statute and whether or not local ordinances must still be followed before pruning, trimming, or removing trees.

 

 Sara K. Wilson

Attorney at Law

Orlando

 407.875.0955

 SWILSON@beckerlawyers.com

 

 

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